^i^' ^ ^ ^ ^ZQZ' ^^Q^QOi^^fQ^ ' iXy^ ^ ^G l ^Q^ i 



{I LIBRARY OF CONGRESS. | 




Pt UNITED STATES OF AMERICA. 

•Cm 



ACTS 

KKLATINO TO 

THE PUBLIC SCHOOLS 



RHODE ISLA^iSTD, 



REMARKS -AND FORMS. 




PUBLISHED BY ORDER OF THE GENERAL ASSEMBLY. 



PROVIDENCE : 

PROVIDENCE PRESS COMPANY, STATE PRINTERS. 

1867. 



EXTRACTS FROM THE CONSTITUTION OF THE STATE. 



ARTICLE I. 

DECLARATION OF CEIITAIN CONSTITUTIONAL RIGHTS AND PEINCIPLES. 

In order effectually to secure the reli(>;ious and pnlitical freedom established 
by our venerated ancestors, and to preserve the same for our posterity, we do 
declare that the essential and unquestionable r!;i;hts and principles hereinafter 
mentioned, shall be established, maintained and preserved, and shall be of 
paramount obligation in all legislative, judicial and executive proceedings. 

Section 3. Whereas, Almighty God hath created the mind free ; and all 
attempts to influence it by temporal punishments or burdens, or by civil 
incapacitations, tend to beget habits of hypocrisy and meanness; and tvhereas, 
a principal object of our venerable ancestors, in their migration to this country 
and their settlement of this state, was, as they expressed it, to hold forth a 
lively experiment that a flourishing civil state may stand and be best maintained 
with full liberty in religious concernments : we, therefore, declare, that no man 
shall be compelled to frequent or to support any religious worship, place or 
ministry, whatever, except in fulfilment of his own voluntary contract ; nor 
enforced, restrained, molested or burdened in his body or goods; nor disqual- 
ified from holding any ofiice ; nor otherwise suffer on account of his religious 
belief; and that every man shall be free to worship Grod according to the dic- 
tates of his own conscience, and to profess and by argument to maintain his 
opinion in matters of religion ; and that the same shall in nowise diminish, 
enlarge or affect his civil capacity. 

ARTICLE XII. 

OF EDUCATION. 

Section 1. The diffusion of knowledge, as well as of virtue among the 
people, being essential to the preservation of their rights and liberties, it shall 
be the duty of the general assembly to promote public schools, and to adopt all 



IV EXTRACTS FROM THE CONSTITUTION. 

means whioli they may deem necessary and proper to secure to the people the 
advantages and opportunities of education. 

Sec. 2. The money which now is, or which may hereafter be appropriated 
bylaw for the establishment of a permanent fund for the support of public 
schools, shall be securely invested and remain a perpetuul fund for that purpose. 

Sec. 3. All donations for the support of public schools or for other purposes 
of education, which may be received by the general assembly, shall be applied 
according to the terms prescribed by the donors. 

Skc. 4. The general assembly shall make all necessary provisions by law for 
carrying this article into effect. They shall not divert said money or fund 
from the aforesaid uses, nor borrow, appropriate, or use the same, or any part 
thereof, for any other purpose, under any pretext whatsoever. 



EXTRACTS FROM TITLE THIRD, OF THE REVISED 

STATUTES. 



CHAPTER XIII. 

OF THE PERMANENT SCHOOL FUND. 

Section 1. The general treasurer, with the advice of the gover- 
nor, shall have full power to regulate the custody and safe-keeping of 
the fund now constituting the permanent fund for the support of 
puhlic schools, and to keej) the same securely invested in the cap- 
ital stock of some safe and responsible bank or banks within this 
state. 

Sec. 2. The money that shall be paid into the state treasury by 
auctioneers for duties accruing to the use of the state, is hereby 
appropriated, and the same shall annually be added to Said school 
fund for the permanent increase thereof. 

Sec. 3. Whenever any money appropriated to any town from the 
state treasury, for the support of public schools therein, shall have 
been forfeited by such town, the same shall be added to said school 
fund, and shall forever remain a part thereof. 

Sec. 4. The general treasurer, with the advice of the governor, 
shall, from time to time, securely invest all sums of money hereby 
directed to be adtled to said fund, in the capital stock of some safe 
and responsible bank or banks within this state. 

Sec. 5. The income arising from said fund so invested, shall 
annually be appropriated for the support of public schools in the 
several towns. 



CHAPTER XIV. 

OF THE DEPOSIT FUND. 

• 

Section 1. The governor, secretary of state and general treasurer 
are constituted commissioners of the fund received by tliis state from 
the United States by virtue of an act of congress, approved June 23, 
1836, with full power to regulate the custody and safe-keeping 
thereof, according to law. 



VI EXTRACTS FROM TITLE THIRD. 

Sec. 2. The said commissioners ma}' loan, as hereinafter provided, 
to any town in this state, sucli portion ol" said fund as such town 
would be entitled to receive, according to the ratio of the population 
of such town under the age of fifteen years, to the whole population 
of the state, according to the census of the United State.-^ next ])reced- 
ing such loan ; or they may invest any ])ortion of said fund in the 
capital stock of some safe and responsible bank or: banks within this 
state. 

Sec. 8. In case the commissioners shall loan any ]iortion of said 
fund to any town as aforesaid, the treasurer of such town shall give 
bond to the coninn'ssioners, with condition to ))ay interest on the 
second Monday in April, on the amount received, at the rate of five 
per cent, per aniunn ; to pay the whole or such part of the sum 
loaned as may be required by the commissioners for the purpose of 
repayment to the United States, when the same shall be demanded ; 
to pay the whole, or such part thereof as shall be required by the 
general assembly, and when so required ; and to aj)ply the money so 
received for the purjiose of education exclusively. 

Sec. 4. The income accining to the state from said fund shall be 
set apart, and shall annually be ap])lied to the su})port of public 
schools in the several towns. 



TITLE XIII. 



OF PUBLIC INSTRUCTION. 



Chapter 58. Of the commissionor of public schools. 
Ceiapter 59. Of the appropriation for public schools. 
Chapter 60. Of the powers and duties of towns, and of the duties of the 

town treasurer and town clerk relating to public schools. 
Chapter 61. Of the powers of school districts. 
Chapter 62. Of district meetings. 
Chapter 03. Of joint school districts. 

Chapter 64. Of the levy of district taxes, and of rate bills for tuition. 
Chapter 65. Of the trustees of school districts. 
Chapter 66. Of the powers and duties of school committees. 
Chapter 67. Of teachers. 

Chapter 68. Of legal proceedings relating to public schools. 
Chapter 69. Of the normal school, teachers' institutes, and lectures. 
Chapter 70. Of truant children and absentees from school. 
Chapter 71. General provisions relating to public schools. 



CHAPTER 5 8. 

OF THE COMMISSIONER OF PUBLIC SCHOOLS. 

SECxrox 1 Section 

1. Commissioner, how appointed. j 4. To prescribe forms for returns. 

2. Duties of the commissioner. 5. To report to general assembly. 

3. To secure uniformity of text-books. 1 

Section 1. For the uniform and efficient administration of the 
provisions of this title, and the supervision and improvement of such 
schools as may be supported in any maimer out of the state treasury, 
the governor, by and with tlie advice and consent of the senate, shall 
annually at the annual general election, appoint a commissioner of 
public schools, who shalldevote his time exclusively to the duties of 
liis office. In case of sickness, temporary absence, or other disability, 
the governor may ajjpoint a person to act as commissioner during 
such absence, sickness or disability. 

Sec. 2. The commissioner shall visit, annually, every school dis- 
trict In the state, for the purpose of inspecting the schools, and diffus- 



viii ArPRoniiATioN foh runuc schools. [title xiii. 

iii<;- :is widely us ])()ssil)I(', by public addi'ossi's, ami porsdiiul coininu- 
nicatioMs with school olliccrs, teachers and ])areiits, a knowledge of" 
the detects and (lesinil)le iinpro\cnients in tlie administration ot' the 
system and the {government and instruction of the schools; and to 
delray the traveUinff expenses of such visits, he shall receive, annually, 
in a(hlition to his salary, the sum of thn'e hundred dolhu's. 

Si'.('. '5. He shall reconuui'iid and st'cure, as fiir as piacticahle, a 
iniilbrmity of text-hooks in the; schools of all the towns; and shall 
assist in the establishment of, and selection of books for, school 
libraries. 

Skc. -L Ih; shall prescribe, from time to time, suitable forms and 
rei!;ulations for cai-ryiiio- the provisions of this title into eiiect, and for 
niakino; all ri'ports. 

Si'X;. T). He shall, annually, at the adjourned session at I'i'ovidence, 
make a report to the ij;eneral assembly upon the state and condition 
of the schools and of education, with plans and suggestions for their 
improvement. 



(Ml A PTER ;")<) 



OF THE Al'l'ROl'lMATlON FOIi rUULIC SCHOOLS. 



Section 

1. A))pnij)riiitions I'roui tin 
tnMisary. 

2. How ;ni]xir1i(inO(l. 

'A. How (d be rx]i(>nil('(l. 



stato 



Suction 

I. t'oiulitioiis upon wliicli towns shall 

V(HH>ivo thoir jtroportion. 
."). I>'oi I'citun^ of town's i)i'oportion. 
(1. OrdiTs on tlio "'onoral treasurer. 



Si'XnioN 1. The sum of lifty thousantl dollars shall be annually 
paid out of the income of the permanent school fund, the (le|)Osits 
fund, and other money in the state treasury for the support of public 
schools in the several towns, u])i)n the ortler of the ct)nuuissioner of 
})ublic schools. 

Skc. '2. The sum of thirty-live thousand dollars of the amount 
aforesaid shall be apportioned anntially, in May, by the commissioner, 
among tlu' several towns, in proportion to the number of children 
therein, under tlw age of tifteen years, according to the census of the 
United States tluMi last preceding; anil the sum of fifteen thousand 
dollars shall be apportioiu'd among the several towns in j)roportion to 
the number of school disti'icts in each town, corporate or otherwise. 

Si-:c'. 3. The money api)ropriati'd from the state shall be denomi- 
nated " teachers' money," and shall be api)lied tit the wages of teach- 
ers, and to no other purpose whatever. 

Skc. 4. No town shall ivcei\e any part of the state a])proi)riation, 
unless it shall I'aise by tax for the support of public schools, a sum 
equal to the whole of its proportion of the sum ot thirty-five thousand 



CH. GO.] DUTIES ON TOWNS, &C., RELATING TO SCHOOLS. ix 

dollars apportioned to such town from the state treasury ; and shall 
appropriate the sum so raised as recpiired by the provisions of this 
title. 

Sec. f). Jf any town shall refuse to raise or appropriate the sum 
required in the section next preceding, on or before the lirst of July 
in any year, its proj)ortion of the public money shall be forfeited, and 
the general treasurer, on beinfjj officially informed thereof by the com- 
missioner, shall invest the amount in stocks, to be added to the per- 
manent school fund. 

Skc. (!. The commissioner shall draw orders on the fieiieral treas- 
urer, in favor of all such towns, for their proportion of the a|)pro|)ria- 
tion for public schools, as shall, on or before the first day of July, 
annually, comply with the conditions of the fourth section of this 
chapter. 



C HATTER GO. 

OK THE POWERS AND DUTIES 01*^ TOWNS, AND OF THE DUTIES OF 
Til !■; TOWN TKEASUKER AND TOWN CLERK, RELATING TO PUBLIC 

SCHOOLS. 



Section 

1. Towns may maintain .schools with- 
out districts. 

2. Towns may bo divided into dis- 
tricts. 

3. Towns may provide school-houses 
for districts. 

4. School committee, how and when, 
chosen. 

5. Suporintondcnt, how appointed, 
his duties and compen.sation. 



Section 

6. Town treasurer to receive and 
keep account of school money. 

7. To submit statement of Rchool 
■ money to committee. 

8. To transmit statement of money 
raised and paid out, to commis- 
sioner. 

9. Town clerks to record boundaries 
of districts, and distribute school 
documents. 



Section ]. Any town may establish and maintain, without form- 
ing districts, a sufficient number of public schools, of different grades, 
at convenient locations, luider the entire management of the school 
committee. 

Sec. 2. Any town may be divided by a vote thereof, into school 
districts. All existing districts shall continue until legally altered. 

Si>:c. 8. Any town may vote, in a meeting notified for that purpose, 
to provide school-houses with the necessary fixtures and appendages, in 
all the districts, if there be districts, at the common expense of the 
town : Provided, that in the latter case, if any district shall provide, 
at its own expense, a school-house aj)proved by the school committee, 
such district shall not be liable to be taxed by the town to furnish or 
repair school-houses for the other districts. 

Sec. 5, Each town shall, at its annual town meeting for choice of 
either state or town officers, choose a school committee, to consist of 



POWERS OF SCHOOL DISTRICTS. 



[title XIII. 



not less than tliree residents of said town, and to serve without com- 
pensation, unless voted by the town ont oi' the town treasury. 

Sec. o. Any town may appoint or may authorize its school com- 
mittee to a|)])oint a suj)erintendent of the schools of the town, to 
perform, under the advice and direction of the committee, such duties 
and to exercise such powers as the committee may assign to him, and 
to receive such compensation out of the town treasury as the town 
may vote. 

Sec. 6. The town treasurer shall receive the money due from the 
state treasury, and shall keep a separate account of all money appro- 
priated by the state or town or otherwise for public schools, and shall 
pay the same to the order of the school committee. 

Sec. 7. The town treasurer shall, within one ue'ek after the town 
meetini:!; at which the committee are elected, submit to them a state- 
ment of all moneys in his hands belongino; to schools, specifying the 
sources whence derived, and to what (listricts, if any, they belong. 

Sec. 8. He shall, on or before the first day of July, annually, 
transmit to the commissioner of public schools a certificate of the 
amount which the town has voted to raise by tax for the support of 
public schools for the year ; and also a statement of the amount paid 
out to the order of the school committee, and from what sources it 
was derived, for the year ending with the thirtieth of April next 
preceding. 

Skc. y. The toAvn clerk shall record the boundaries of school dis- 
tricts and all alterations tliereof, in a^book to be kept for that purpose, 
and shall distribute such school documents and blanks as may be sent 
to him, to the persons for whom they are intended. 



CHAPTER 61 



OF THE POWERS OF SCIIOOE DISTRICTS. 



Section 

1. School district a body corporate. 

2. Powers of school district. 

3. District may build and repair 
school-houses, &:c. 

4. May raise monej'- by tax. 

5. Officers of the district. 

G. Powers and duties of dist. officers. 



Section 

7. District taxes, how collected. 

8. Town collector may colli.ct. 

9. District neglecting to organize, 
committee may establish school. 

10. District may devolve its duties and 
powers on the committee. 



Section 1. Every school district shall be a body corporate, and 
shall be known by its number or other suitable or ordinary desig- 
nation. 

Sfcx;. 2. Every school district shall have power to prosecute and 
defend in all actions, to purchase, receive, hold and convey any real 



CH. 61.] POWERS OF SCHOOL DISTRICTS. XI 

or personal property for school purposes, and to establish and main- 
tain a school library. ^ 

Skc. 3. Every such district may baild, purchase, hire and repair 
school-houses, and su])ply tlie same with blackljoards, maps, furniture, 
and other necessary and useful appendages, and may insure the house 
and appendages against damage by fii-c: Pruvided^ that the erection 
and repairs of the school-house shall be made according to the plans 
approved by the scjiool committee or commissioner. 

Sec. 4. Every such district may raise money by tax on the ratable 
property of the district, to support schools and to carry out the pow- 
ers given them by any of the provisions of this title : Provided, that 
the amount of the tax shall be approved by the school committee of 
the town. 

Sec. 5. .Every such district shall elect a clerk, either one or three 
trustees, as they may decide, a treasurer and collector, and may HU 
vacancies in either of said offices ai'ising from death, declining or 
refusing to serve, resignation, removal from office, or from the district, 
or otherwise ; and if an election of any of said officers be not made at 
the time prescribed for the annual meeting, it may be made at any 
legally notified meetmg afterward. 

Sec. 6. 1 he clerk, collector and treasurer shall have the like 
power and shall perforin like duties as the clerk, collectoi' and 
treasurer of a town ; but the clei'k, collector and treasurer need not 
give bond unless required b}' the district. 

Sec. 7. All district taxes shall be collected by the district or town 
collector, in the same maimer as town taxes are collected. 

Sec. 8. Any district may vote to place the collection of any district 
tax or rate bill in the hands of the collector of town taxes, who shall 
thereupon, without any new bond or engagement, be fully authorized 
to proceed and collect the same. 

Sec. 9. If any school district shall neglect to organize, or if organ- 
ized, shall, for any space of six months, neglect to establish a school 
and employ a teachei', the school committee of the town may them- 
selves, or by an agent, establish a school in the district school-house, 
or elsewhere, in their discretion, and employ a teacher. 

Sec. 10. Any district may, with the consent of the committee, 
devolve all the powers and duties relating to public schools in the 
district on the committee. 



Xll 



DISTRICT M K ETINGS . 



[title XIII. 



CHAPTER 62. 



OF DTSTlilCT ]\IEET1NGS. 



Section 

1. Meeting for organization, notice 
of, how and by whom to be given. 

2. Annual meeting, when held. 

3. Special meetings how called. 
^4. District meetings, where held. 

5. Notice of time and place to bo 
given. 



Section 

6. Mode of giving notice. 

7. Moderator, adjournment. 

8. Qualitfcation of voters. 

9. Clerk to record names of voters on 
request. 



Section 1. Notice of the time, place and object of lioldinf:^ tl)e 
first meeting of a district for organization, or for a meeting to choose 
officers or transact other bnsiness, in case there be no trnstees anthor- 
ized to call a meeting, shall be given l)y the school committee of the 
town, at sach time, and in snch manner as they may deem ])rojier. 

Sec. 2. Every school district, when organized, shall hold an an- 
nual meeting in the month of March, April or May of each year, 
for choice of officers and transaction of any other business relating to 
schools. 

Sec. '). The trustees may call a special meeting for election, or 
other business at any time, and shall call one to be held within seven 
days, on the written request of any five qualilied voters, stating the 
object for which they wish it called ; and if the trustees neglect or 
refuse to call a special meeting when requested, the school committee 
may call it, and fix the time therefbr. 

Sec. 4. District meetings shall be held at the school-house unless, 
otherwise ordered by the district. If there be no school-house, or 
]ilace a])pointed by the district, the trustees, or if there he no trustees, 
the school committee shall dtitermine the place, which shall always be 
within the district. 

Sec. 5. Notice of the time and place (jf every annual meeting, and 
of the time, place and object of every si)ecial meeting, shall be given 
for five days inclusive, before holding the same. 

Sec. G. The trustees shall give notice of a district nu>eting, either 
by publishing the same in a newspaper jmblished in the district, or 
by putting the notice on the district school-house, or on a sign-post 
within the district ; or if there be no newspaper, school-house or sign- 
post, then in such manner as the school committee may direct : 
Provided, t\\:it the district may, from time to time,' prescribe the 
mode of notifying meetings, and the trustees shall conform thereto. 

Sec. 7. Every district meeting may appoint a moderator, and 
adjourn from time to time. 

Se(;. 8. Every person residing in the district may vote in district 
meetings, to the same extent and with the same restrictions as he 
would at the time be qualified to vote in town meeting, but no person 



CH. 



63.] 



.JOINT SCHOOL DISTRICTS. 



XllI 



shall vote upon any question of taxation of })ro])erty; or expending 
money raised thereby, unless he shall have paitl, or be liable to pay, 
a portion of the tax. 

Sec. 9. The clerk of the district shall record the number and 
names of the persons votini^, and on which side of the question, at 
the request of any qualified voter. 



CHAPTER 3 



OF JOINT SCHOOL DISTRICTS. 



Section 

1. Grammar-school may bo e.staLlish- 
ed by adjoininfj di-stricts. 

2. Such districts to constitutca school 
district. 

3. Meeting for organization, time and 
place of. 

4. I'ublic money, proportion of each 
district, how drawn and to wiiom 
paid. 

5. Consolidated districts in the same- 
town, powers of. 

6. To receive public money as if not 
united. 

7. Mode of organization. 



Section 

8. Consolidated districts in diHeront 
towns, how formed. 

9. ]\Ieeting for organization, how and 
by wliom called. 

10. Powers and supervision of such 
distrii.'ts. 

11. AVhat ])ortion of money entitled to. 

12. Corporate pro2:(erty, how owned. 
1'3. Apportionment of property when 

districts are divided. 
]4. District added to anotlior owning 
property, to pay its' i)roportion, if 
demanded. 



Section 1. Any two or more adjoining primary school districts 
in the same or adjoining towns, may, by a concurrent vote, agree to 
establish a secondary or gramr/iar-school, for the older and more ad- 
vanced children of such districts. 

Sec. 2. Such associating districts shall constitute a school district 
for all the pui-poses of providing a school-house, fuel, furniture and 
apparatus, and for the election of a board of trustees, to consi.st of one 
member from each associating district, and for the laying of a tax for 
school ])urposes, and fixing rates of tuition, with all the rights and 
privileges of a school district so far as the secondary school is con- 
cerned. 

Sec. 3. The time and place for the meeting for organization of 
such associating districts may be fixed by the school committees, and 
any one or more of the associating districts may delegate to the 
trustees of the secondary school, the care and management of its pri- 
mary school. 

Sec. 4. The school committee of the town or towns in which such 
secondary school shall be established, shall draw an order in favor of 
the trustees of said school, to be paid out of the public money appro- 
priated to each district interested in the secondary school, in propor- 
tion to the number of scliolars from each. 



xiv JOINT SCHOOL DISTRICTS. [tITLE XIII. 

Sec. 5. Any two or more adjoinino; school districts in the same 
town may, by concurrent vote, with the a])))robation of the school 
committee, unite together and be consoMdated into one district, for 
the purpose of supporting public schools ; and such consolidated district 
shall have all the powers of a single district. 

Sec. 6. Such consolidated district shall be entitled to receive the 
same proportion of public money the districts would receive if not 
united. 

Sec. 7. The mode of organizing such consolidated district and 
calling the first meeting thereof, shall be regulated or prescribed by 
the school committee. 

Sec. 8. Two or more contiguous districts, or parts of districts in 
adjoining towns, may be formed into a joint school district by the 
school committees of such towns concui'ring therein ; and all joint 
districts which have been or shall be formed, may by them be altered 
or discontinued. 

Sec 9. The meeting for organ-ization of such joint district shall 
be called by notice signed by the school committees of such towns, 
and set up in one or more places in each district, or part of a district. 

Sec 10, Such joint district shall have all the powers of a single 
school district, and shall be regulated in the same manner, and shall 
be subject to the supervision and management of the school committee 
of the town in which the school is located. 

Sec. 11. A whole district making a portion of such joint district, 
sliall be entitled to its portion of public money, in the same manner as 
if it remained a single district; and when part of a district is taken to 
form a portion of such joint district, the school committee shall assign 
to it its reasonable proportion. 

Sec. 12. When any two or more districts shall be consolidated 
into one, the new district shall own all the corporate property of the 
several districts. 

Sec lo. When a district is divided, and a portion taken from it, 
the funds and property, or the income and proceeds thereof, shall 
he divided among the several parts, in such manner as the school 
committee of the town or towns to which the districts belong, may 
determine. 

Sec 14. When a part of one district is added to another district 
or part of a district owning a school-house or other property, such 
part shall pay to the district or part of a district to which it is added, 
if demanded, such sum as the school committee may determine. 



H. 64.] LEVY OF DISTKICT TAXES. XV 



CHAPTER G4. 

OF THE LEVY OF DISTRICT TAXES, AND OF RATE BILLS FOR 

TUITION. 

Section | Section 

1. District taxes, how levied. 1 8. Assessment of taxes in joint dis- 

2. Town assessors to assess value of ' tricts. 

j)roperty, in what cases- I 9. Rate of tuition, Ly whom fixed. 

3. Notice of such assessment, how j 10. Limit to rate of tuition. 

given. IL Rate of tuition, when to he fixed 

4. Commissioner in certain cases may ■ ! by committee. 

order assessment. 12. Persons exempt from paying rate 

5. Errors in assessment, how corrected, j hills. 

6. Abatement of taxes, how and when | 13. Rate bills, how to be paid and col- 
to be made. I lected. 

7. School-house and taxes of joint dis- ! 14. When trustees may prescribe rate 
tricts, by whom to be approved. bills. 

Section 1. District taxes shall be levied on the ratable property 
of the district, according to its value in the town assessment then last 
made, unless t!iQ district shall direct taxes to be levied upon the next 
town assessment ; and no notice thereof shall be required to be given 
by the trustees. 

Sec. 2. The trustees of any school district, if unable to agree 
with the parties interested, with regard to the valuation of any pro- 
perty in such district, shall call upon one or more of the town asses- 
sors not interested, and not residing in the district, to assess the value 
of such property so situated, in the following cases, namely : When 
any real estate in the district is assessed in the town tax bill with 
real estate out of the district, so that there is no distinct or separate 
value upon it ; when any person possessing personal property shall 
remove into the district after the last town assessment; when a 
division and apportionment of a tax shall become necessary by reason 
of the death of any person, or the sale of such property ; when a 
person has invested personal property in real estate, and shall call 
upon the trustees to place a value thereon : and when property shall 
have been omitted in the town valuation. 

Sec. 3. The assessors shall give notice of such assessment, by 
putting up notices for ten da_vs in three of the most public places in 
or near the district ; and after notice is given as aforesaid, no person 
neglecting to appear before the assessors shall have any remedy for 
being over-taxed. 

Sec. 4. If a district tax shall be voted, assessed and approved of, 
and a contract legally entered into under it, or such contract be 
legally entered into without such vote, assessment or apjuoval, and 
said district shall thereafter neglect or refuse to proceed and collect a 
tax, the commissioner, after notice to and hearing of the parties, may 



Xvi LEVY OF DISTRICT TAXES. [tITLE XIII. 

api oin assessors to assess a tax, and may issue a warrant to tlie col- 
lector of the district, or to a collector by him appointed, authorizing 
and requirincr him to proceed and collect said tax. 

Sec. 5. Errors in assessing a tax may be connected, or the tax 
reassessed in such manner as may be directed or approved bv the 
commissioner. 

Sec. G. When any person who has paid a tax for building or 
repairing a school-house in one district, shall, by alteration of the 
boundaries thereof, become liable to pay a tax in any other district, 
if such person cannot agree with the district, such abatement of the 
tax may be made as the school committee, or in case of a disti-ict 
composed from different towns, as the commissioner may deem just 
and proper. 

Sec. 7. When a joint district shall vote to build or repair a sciiool- 
house by tax, the amount of the tax and the plan and speciHcations 
of the building and repairs sliall be approved by the school committees 
of the several towns, or by the commissioner. 

Sec. 8. In case of assessing a tax by a joint or secondary district, 
if the town assessments be made upon different principles, or the 
relative value be not the same, the relative value and proportion shall 
be ascertained by one or more persons, to be appointed by the com- 
missioner, and the assessment shall be made accordingly. 

Sec. 9. Any school district, in addition to the money received 
from the state and town appropriations, may fix, or authorize its 
trustees to fix, subject to the approval of the school committee of the 
town, a rate of tuition, to be paid by the persons attending school, or 
by their parents, employers or guardians, towards the expense of fuel, 
books and other expenses, including estimated deficiencies of pay- 
ments. 

Sec. 10, The rate of tuition so fixed, shall not exceed one dollar 
for each scholar for any term of eleven W(ieks, except in towns or 
districts where different grades of schools are established ; and in 
such towns or districts the rate for higher tirades shall not exceed two 
dollars for each scholar, for the same time. 

Sec. 11. In all cases in which there is no district organization, 
the school committee may fix the rate of tuition. 

Sec. 12. The district, the trustees, or committee, shall exempt 
from the payment of any such rale bill any person whom they shall 
consider unable to pay the same, 

Sec. 13. All such rate bills may be required to be paid ni advance, 
or may be delivered to the town or district collector, and may be by 
them collected in the same. manner as town taxes are collected. 

Sec. 11. The trustees may prescribe and collect a rate, in their 
discretion, sufficient to keep the school for the four months required 
by law, without any vote of the district. 



CH. 65.] 



TRUSTEES OF SCHOOL DISTRICTS. 



XVll 



CHAPTER (5 5. 

OF THE TRUSTEES OF SCHOOL DISTRICTS. 



Section 

1. Ti-ustees to have care of school- 
houses and employ teachers. 

2. To provide school-rooms, and visit 
schools. 

3. To provide in certain cases hooks 
for scholars. 



Section 
'4. To make tax and i-ate hills, and 
issue warrants. 

5. To make , returns to school com- 
mittee. 

6. To receive no compensation unless 
bv district tax. 



Sec. 1. The trustees of the school districts shall have the custody 
of the scool-house and other district property, and shall employ one 
or more qualified teachers for every fifty scholars in average daily 
attendance. 

Sec 2. They shall provide school-rooms and fuel, and shall visit 
the schools twice at least during each term, and notify the com- 
mittee or superintendent of the time of opening and closing the 
school. 

Sec. 3. They shall see that the .scholars are properly supplied 
with books, and in case they are not, and the parents, guardians or 
masters have been notified thereof by the teacher, shall provide the 
same at the expense of the district, and add the same to the next 
rate bill of such person. 

Sec. 4. They shall make out the tax bill and rate bills for tuition 
against the ])erson liable to pay tlie same, and deliver the same to 
the collector with a warrant by them signed annexed thereto, re- 
quiring him to collect and pay over the same to the treasurer of the 
district. 

Sec. 5. They shall make returns to the school committee in man- 
ner and form prescribed by them or by the commissioner, or as may 
be required by law, and perform all other lawful acts required of 
them by the district, or necessary to carry into full effect the powers 
and duties of districts. 

Sec 6. Trustees shall receive no compensation for services out 
of the money received from either the state or town appropriations, 
nor in an}^ way unless raised by tax by the district. 



CHAPTER CjQ 



OF THE POWERS AND DUTIES OF SCHOOL COMMITTEES. 



Section 

1. Chairman and clerk, how chosen 
and removed. 



Section 

2. Stated meetings when held, and 
CLUorum of. 



Xviii POWKHS AND DUTIKS OF ROHOOI, COMMITTEES. [tITLE XIII. 



3. 



C'oiiuiiitti'O miiy uUit iuul discou- 
tinuo ilistiicts. 
To locate ;iU school-liousois. 
Ijand I'or srhool-houso sites, if tiik- 
011 without owiiLTs' coiKScnt, how 
iij)])i'aiscil. 

Appeals, how takoii. 
Committoo to oxaiuiiio tcuichers, 
ami when to annul certificatos. 
To visit schools, when and how 
often. 

INIay euiploy jicrson to visit schools. 
To make rules and ii\i>ulations for 
schools. 
. May suspend or expel pui)ils. 
Vacancies in connnittoe, howiillod. 
Conimitteo to manage sidiools if 
town is not divided into districts. 
Apportionment of the town's share 
of thirty-five thousand dollars. 



Ski; 

ir. 

IG, 

17 

18 



21. 



TION 

. Of lifteiMi tliousand dollars. 

. Of registry tax and other funds. 

. Notice of apportionments to bo 

g'iven to trustees. 
. Orders on town treasurer, in what 

cases, and on what conditions to bo 

i^-ivc^n. 
. Orders, to whom payables 
. Orders not to be given unless ser- 
vices have been performed. 
INIoney forfeited, or unexpended. 

liow to be divided. 
. Reports to commissioner, and town, 

when to bo made. 
. Expense of printing re]iorts, lunv 

to bo paid. 
. Attendance of childriMi in adjacent 

districts, or towns. 



Section 1. Tlie .^cliool coniinitteo of eacli town slinll clu)ose a 
chainrii\n aiul clerk, eitlier of whom may si^n any orders or ofHcial 
pa])er.s, and maybe removed at the pleasure of said committee. 

Sec. 2. 'IMiey sitall hold at least four stated meetinos, viz. : on tlie 
second Mondays of January, April, -July and October, in every year, 
and as niucli oftener as the state of the schools shall re(pnre. A 
majoi-ity of the number elected shall constitute a quorum unless the 
committee consist of more than six, vvdien four shall be a quorum, but 
any number may adjourn. 

Sec. o. They may alter and discontinue school districts, and shall 
settle their boundaries w hen undefined or disputed ; but no new dis- 
trict shall be formed with less than forty children, between the ages 
of four and sixteen, unk'ss with the apjirobation of the conunissioner. 

Sec. 4. The\i shall locate all S(;iiool-houses, and shall not abandon 
or chanere the site of any without good cause. 

Sec. 5. In case the school connnittee shall fix upon a location for 
a school-house in any district, and the district shall have passed a 
vote to erect a school-house, or when; there is no district organiza- 
tion and the connnittee shall lix upon a location for a school-house, 
and the proprietor of the land shall refuse to convey the same, or 
cainiot agree with the district for the price thereof, the school com- 
mittee of their own motion, or u))on application of the tlistrict, shall 
be authorized to appoint three disinterested persons, who shall notify 
the parties and decide upon the valuation of the land ; and upon the 
tender, or payment of the sum so fixed upon to the proprietor, the 
title to the land so fixed upon by the school connnittee, not exceed- 
ing one half of an acre, shall vest in the district for the purpose of 
maintaining a school-house and the necessarv a])pendages thereof. 

Sec. G. An appeal in such cases shall be allowed to the court of 



CH. i)Q.^ POWERS AND DUTIES OF SCHOOL COMMITTEES. xix 

common ]>lt>as in the same manner and witli the same effect, as is 
provided by law, in cases oi' hiyin<>; out highways. 

Sec. 7. The committee shall examine by themselves or by some 
one or more persons by them a{)pointed, all applicants for the situa- 
tion of teachers in the public schools of the town, and sliall after five 
days notice in writino; annul tlie certificates of such as prove uncpial- 
ified or will not conform to the regulations of the committee, and in 
such case shall give immediate notice thereof to the trustee of the 
district in wliich such teacher is em|)loyed. 

Sec. 8. Thev shall visit by one or more of their number every 
public school in the town, at least- twice during each term, once 
within two weeks of its opening, and once within tw(> weeks of its 
clos(!, at which visits they shall examine the register and other mat- 
ters touching the sehool-house, librai'V, studies, books, discipline, 
modes of teaching and impi-ovement of the schools. 

Sec. 9. The committee may employ some person, of or not of 
their number, to perforni the duty required of them by the next pre- 
ceding section, and such i)erson shall receive such compensation as 
the committee may allow, out of the money raised b}' the town, or as 
the town may allow. 

Sec. 10. They shall make and cause to be put uj) in each school- 
house rules and regulations for the attendance and classiHcation of 
the i)upils, for the introduction and use of text-books, and works of 
reference, and for the instruction, government and discipline of the 
public schools, and shall [jrescribe the studies to be pursued therein. 

Sec. 11. They shall suspend during ])Ieasure, or expel during the 
school term, all pupils found guilty of incorrigibly bad conduct, or 
violation of the school regulations, and shall reiidmit them on satis- 
factory evidence of amendment. 

Sec. 12. They shall fill any vacancy in the committee occasioned 
by the death, declining or refusing to serve, resignation, removal from 
olfice or from the town, or otherwise. 

Siic. VS. Where a town is not divided into districts, or shall vote 
in a meeting duly notified for that purpose, to provide schools, with- 
out reference to such division, the committee shall manage and 
regulate said schools, and draw all orders for the payment of their 
exj)enses. 

Sec 14. When the ])ublic schools are maintained by district 
organization, the committee shall apportion, as early as i)racticable in 
each year, among the districts, the town's proportion of the sum of 
thirty-five thousand dollars received from the state, one half ecjually, 
and the other half according to the average daily attendance of the 
schools of the preceding year. 

Sec. 15. When the town is divided into school districts having 
the management of their own concerns, the committee shall appor- 
tion equally among all the disti'icts of the town, the town's proportion 
of the sum of fifteen thousand dollars received from the state. 

Sec. It). They shall ajjportion the money received from the town, 
from the registry tax, from funds or other grants, either equally or in 
such proportion as the town may direct, and for want of such direc- 
tion, then iu such manner as they deem best. 



XX POWERS AND DUTIES OF SCHOOL COMMITTEES. [tITLE XIII. 

Sec. 17. They shall, immediately after making the apportion- 
ment among the several districts as provided in the three sections 
next precedmg, give notice to the trustees of the amounts so ap})or- 
tioned to each district. 

Sec. 18. They shall draw an order on the town treasurer in favor 
of such districts only, as sliall have made a return to them in manner 
and form prescribed by them or by the commissioner, or as may be 
required by law, from which it shall appear that for the year ending 
on the first of May previous, one or more public schools have been 
kept for at least four months by a qualified teacher in a school-house 
approved by the committee or coumiissioner, and that the money 
designated "teachers' money," received tlie year previous, has been 
applied to the wages of teacliers and to no other purpose. 

Sec. 19. Such orders may be made payable to the trustees or their 
order, or to the district treasurer, or teacher ; and if the treasurer 
receive the money, he shall pay it out to the order of the trustees. 

Sec. 20. The committee shall not give any such order until they 
are satisfied the services have actually been performed for which the 
money is to be paid ; and the register, properly kept, has been depos- 
ited with the committee, or with some person by them appointed to 
receive the same. 

Sec. 21. At the end of the school year, any money appropriated 
to any district which shall be forfeited, and the forfeiture not remitted, 
or which shall remain unexpended, may be divided by the conunittee 
among the districts the following year. 

Sec. 22. The committee shall prepare, and submit annually, a 
report to the commissioner, on or before the first day of July, in 
manner and form by him prescribed; also a written or printed report 
to the town at the annual town meeting, when the school committee 
is chosen, setting forth their doings, the state and condition of the 
schools, and plans for their improvement, which report, unless printed, 
shall be read in open town meeting, and they shall transmit a copy 
thereof to the commissioner, on or before the first day of July in each 
year. 

Sec. 23. The committee may reserve annually out of the public 
appropriation, a sum not exceeding twenty dollars, to defray the ex- 
pense of printing their report. 

Sec. 24. The school committee of any town, or trustees of any 
school dirstrict, may make arrangements with the school committee 
of any adjacent town, or trustees of any adjacent district, for the 
attendance of such children as will be better accommodated in the 
public schools of such adjacent town or district, and may pay such 
portion of the expense as may be just and pro))er. 

When, however, children attend in the public schools of such ad- 
jacent town or district without such arrangements with the school 
committee or the trustees, it shall be tlie duty of the trustees where 
they so attend, to render at the end of each and every school term to 
the trustees of the district where such children beloni;;, an accurate 
account of such attendance ; antl in estimiting the " average daily 
attendance" such attendance shall only be reckoned for the district 
where such children belong. 



CH. 67.] TEACHERS. Xxi 



CHAPTER 67 

• OF TEACHERS. 
Section SECTIo^' 



1. Certificate of qualification reciuired. 
2 . Certificate valid for one year. 

3. Qualifications of teachers. 

4. Teachers may be dismissed. 



5. Teachers to keep register of schol- 
ars attending school, and prepare 
district's return. 

6. Moral instruction. 



Section 1. No person shall be employed in any town to teach as 
princi|ial or assistant in any school, supported entirely or in part by 
the public money, unless he has a certificate ot' qualification, signed 
either by the school connuittee of the town, or by some person or 
persons appointed by said committee. 

Sec. 2. Such certificate, unless annulled, if signed by the school 
committee, shall be valid within the town for one year. 

Sec. 3. Tlie school committee shall not sign any certificate of 
qualification unless the person named in the same shall produce evi- 
dence of good moral character, and be found on-examination qualified 
to teach the English language, arithmetic, ])enmanship, and the rudi- 
ments of geography and liistory, and to govern a school. 

Sec. 4. Ihe school committee of any town may dismiss any 
teacher who shall refuse to conform to the regulations by them made, 
or for other just cause, and in such case shall give immediate notice 
to the trustees of the district. 

Sec. 5. Every teacher in any public school shall keep a register 
of all the scholars attending said school, their sex, ages, names of 
yjarents or guardians, the time when each entei's and leaves the school, 
the daily attendance ; together with the days of the month on which 
the school is visited by any officer connected with public schools, and 
shall prepare the district's retnrn to the school committee of the town, 
if requested to do so by the trustees. 

Sec. 6. Every teacher shall aim to implant and cultivate in the 
minds of all children committed to his care, the principles of morality 
and virtue. 



CHAPTER 68. 

OF LEGAL PEOCEEDINGS RELATING TO PUBLIC SCHOOLS. 

Section Section 

1. Appeals from decisions relating to j 2. Statement of facts may be pre- 

public schools, to whom made; duty sented to justice of supreme court, 

of commissioner to hear and decide. ! 



XXll 



PROCEEDINGS RELATING TO PUBLIC SCHOOLS. [tITLE XIII. 



Sectiox 

3, AppeaLs, rules of, i)rcsci'ibod Ly 
commissioner. 

4. Matters in disjnite may be submit- 
ted to ct)mmissioncr by agreement. 

f). Votes ordering- district taxes or 
rate bills, iinal unless appealed from. 

6.* Cost, in what cases not to be taxed 
against school officers. 

7. Suit against district may be an- 
swered bj^ inhabitant of district. 

8. School-house and lot exempt from 
attachment. 



Suction 

9. Judgments against school districts, 
how satisfied. 

10. Same subject. 

11. Process against school district, how 
to be served. 

12. Inhabitants of districts may bo 
witnesses. 

13. Record of clerk of district prima 
facie evidence. 

14. Commissioner to hear and decide 
appeals. 



Section]. Any |)Ci\son may appeal from t lie deci.sion or doino-s 
of any school committee, district meetino;, trustees, or in any other 
matter arisini;- under this title, to the commissioner of public schools, 
who .is hereby authorized and required to examine and decide the 
same without cost to the parties. 

Sec. 2. The conunissioncr may, and if re(piested, on hearing of such 
appeal, by either party, shall, lay a statement of the facts of the case 
before some one of the justices of the supreme court, whose decision 
shall be final. 

Skc. o. The counnissioner may prescribe from time to time rules 
reo'ulatiiio; the time and manner of making such appeals, and to i)re- 
vent their being made for trilling and frivolous j)retences. 

Se{;. 4. Any persons having any uiatter of dispute between them 
arising under this title, may agree in writing to submit the same to 
the adjudication of said commissioner, and his decision therein shall 
be final. 

Sec. 5. If no aj)j)eal be taken from a vote of a district relating to 
the ordering of a tax or rate bill, or from the proceedings of the 
oliicers of the district in assessing the same, or if on appeal, such 
proceedings are confirmed, the same shall not again be questioned 
before any court of law or magistrate whatever: Provided^ that this 
section sliall not be construed to dis])ense with legal notice of the 
meeting, or with the votes or jjroceedings being approved by the 
school committee or commissioner, whenever the same is recpiired 
by law. 

Sec. 6. In any civil suit before any court, against any school 
officer, for any matter which might by this chajiter have been heard 
and decided by the counnissioner, no cost shall be taxed for the 
plaintiff, if the court are of' opinion that such officer acted in good 
faith. 

Sec. 7. Any inhabitant of a district, or person liable to pay taxes 
therein, may be allowed by any court to answer a suit brought 
against the district, on giving security for costs, in such manner as 
the court may direct. 

Sec. 8. The school-house lot, with the school-house and appen- 
dages, shall be exempt frt)m attachment, or sale on execution in any 
suit airainst the district. 



CH. 68.] PROCEETHNGS RELATING TO PUHLIC SCHOOLS. XXlii 

Sec. 0. When jndo'inent sliall be recovered in any court of record 
ao-ainst any school district, tiie court renderinnr Judgment shall order 
a warrant to he issued, it' no appeal be taken, to the assessors of taxes 
of tlie town in which such district is situated, or in case a joint dis- 
trict, com])Osed of parts of towns, then to one or more of the assessors 
of each town, with or without designating them, requiring them to 
assess upon tlie ratable propc;rty in said district, a tax sufficient to j)ay 
the debts. or damages, costs, interest, and a sum in the discretion of 
the court sufficient to defray the expenses of assessment and collec- 
tion. Said assessors shall, witiiout a new engagement, proceed to 
assess the same, giving notice as in case of other district taxes. 

Sec. 10. Said warrant shall also contain a direction to the col- 
lector of the town^ or in case of a joint district, then to the collector 
of either town the court may direct, requiring him to collect said tax ; 
and said warrant, with the assessment annexed thereto, shall be a 
sufficient authority for the collector, without a special engagement, to 
proceed and- collect the same with the same i)ower as in case of a 
town tax ; and when collected, h.e shall ])ay over the same to the 
parties to whom it may belong, and the surplus, if any, to the 
district. And the court may require a bond of tlie collector at their 
discretion. 

Sec. 11. When any writ, summons, or other process shall issue 
against any school district in any civil suit, the same may be served 
on the treasurer or clerk, and if there are no such officers to be found, 
the officer charged with the same may post up a certified copy thereof 
on the door of the school-house, and if there is no school-house, then 
in some most |)ublic ])lace in the district, and the same when proved 
to the satisfaction of the court, shall constitute a sufficient service 
thereof. 

Sec. 12. Inhabitants of school districts, or persons paying taxes 
therein, shall be competent witnesses in all civil and criminal cases, 
notwithstanding such interest, if not otherwise disqualified. 
• Sec. 18. The record of a clerk of a district, tha.t a meeting has 
been duly or legally notified, shall be prima facie evidence that it has 
been notified as the law requires. The clerk shall procure, at the 
expense of the district, a suitable bound book for keeping the records 
therein. 

Sec. 11. .The commissioner shall hear and decide all appeals, 
and may remit all fines, i)enalties and forfeitures incurred by any 
town, distiict or person under any of the provisions of this title, 
except the forfeiture incurreil by any town for not raising its propor- 
tion of money as specified in section four, of chapter fifty-nine of this 
title. 



xxiv ACT ESTABLISHING NORMAL SCHOOL. [tITLE XIII. 



CHAPTER 69. 

NORMAL SCHOOL AND SCHOOL JOURNAL. 



Section 

1. One Noi-mal School. 

2. Supervision of trustees. 

3. Duties of trustees. 

4. Location of school. 



Section 

5. Examination of pupils. 

6. Apportionment of applicants. 

7. Annual appropriation. 

8. Educational Journal. 



Section 1. There shall be established, as hereinafter provided, 
one normal scliool, to be called the State Normal School, for the 
trainincT of teachers in the art of o;overnino; and instructino; the com- 
mon schools of the state. 

Sec 2. Said school shall be under the supervision of a board of 
trustees, to be called the trustees of the normal school. This board 
shall consist of the i^overnor (e.?; officio') president, the commissioner 
of the public schools Qix officio) secretary, and five other members, 
one from each county in the state ; who shall, from and after their 
first appointment by the general assembly, in grand committee, be 
annually a])|)ointed by the general assembly, in grand committee, at 
its May session, in the order hereinafter j^rovided. Of these five, two 
shall hold their office for three years, two for two years, and one for 
one year; the term of office of each to be determined by lot or other- 
wise ; the vacancies to be filled by appointment by the general assem- 
bly, in grand committee, for the residue of the term which shall so be- 
come vacant. 

Sec. 3. It shall be the duty of said board to meet quarterly, at 
such time and f)lace as they may determine ; to keep a record of their 
proceedings, and to report the same annually, in connection with the 
report of the commissioner of public schools, to the general assembly, 
at its January session. It shall also be the duty of said board to visit, 
by one or more of their number, said school, at least once during each 
term, antl to report its condition to the full board, at its next succeed- 
ing quai'terly session. The expenses neces.sarily incurred by said 
board of trustees, or any one of their number, in the discharge of 
official duties, shall be defrayed oqt of the fund hereby appropriated 
for the support of said school ; but they shall receive no compensa- 
tion for their services. A majority of said board shall constitute a 
quorum for the transaction of business ; but any number may 
adjourn. 

Sec. 4. To said board of trustees shall be committed the location 
of said school, the application of the funds for the support thereof, the 
appointment of the principal and teachers, and the power of removing 
the same for proper cause ; the power to j)rescribe rules for its man- 
agement, and to grant diplomas. Said trustees are hereby authorized, 



CH. 70.] TRUANT CHILDREN AND ABSENTEES. XXV 

from and after the summer term of the year one thousand eight 
hundred and sixty-one, (1861,) to change the location of said normal 
school, from time to time, as they may deem best for the interest of 
said school, and for the accommodation of tlie pupils in tlie different 
parts of the state ; provided, suitable buildings and fixtures are fur- 
nished without expense to the state. 

Sec. 5. The number of pupils shall not at any time exceed one 
hundred and twenty-five. All applicants must declare, in writing, 
their intention to qualify themselves for teachers in the state ; they 
must present to the principal a certificate of good moral character, and 
of such other personal qualifications as ought to be found in every 
instructor of the young. They must be, if males, at least sixteen ; 
and, if females, at least fifteen years of age. They must pass a satis- 
factory written and oral examination, by the principal, in reading, 
writing, spelling, -arithmetic, geography and grammar, and must 
remain in the school at least one full term. 

Sec. 6. The trustees shall apportion for each county, from the 
whole number of applicants who are qualified, in accordance with the 
requirements of the next preceding section, a number of pupils pro- 
portionate to the population of each county. If there shall not be a 
sufficient number of applicants from any county to fill the number of 
appointments, allowed to each county, the trustees shall fill the 
vacancv from among the whole number of remaining applicants. To 
all pupils so admitted to the school, the tuition and all the privileges 
of the school shall be gratuitous. • 

Sec. 7. A sum not exceeding two thousand five hundred dollars, 
is hereby annually appropriated for the establishment and support of 
said school. 

Sec. 8. A sum, not exceeding three hundred dollars, is hereby 
annuallv appropriated for the purpose of distributing in the several 
school districts, under the direction of the commissioner of public 
schools, some educational journal, published in this state. 

Sec. 9. All other acts in relation to the normal school, teachers' 
institute, and addresses, in the several school districts, are hereby 
repealed. 

Sec. 10. This act shall take effect immediately after its passage. 



CHAPTER 70. 

OF TRUANT CHILDREN AND ABSENTEES FROM SCHOOL. 



Section 

1. Towns may make ordinances re- 
specting truants. 



Section 

3. Ordinances to be approved by tlie 
commissioner. 



2. Penalty for violation of such ordi- i 4. Towns to appoint persons to make 
nances. complaints for the violation of such 

I ordinances. 

Section 1. Each of the several towns of this state is authorized 
and empowered to make all needful provisions and arrangements 



XXVI 



PROVISIONS RELATING TO PUBLIC SCHOOLS. [tITLE XIII. 



conccniino; Imbitual truants, and children between the ages of six 
and sixteen years not attending school, withont any regular and law- 
ful employment, and growing up in ignorance, and, also, such ordi- 
nances and by-laws res])ecting such children as shall be deemed most 
conducive to their welfare, and the good order of sucii town. 

Sec. 2. There shall be annexed to such ordinances suitable ])en- 
alties not exceeding, for any one breach thereof, a fine often dollars, 
or, instead of such tine, the offender may be committed for a period 
not exceeding one year to any such institution of instruction, or suita- 
ble situation, as may be provided for that purpose under the authority 
given in the section next preceding: Provided^ that no child shall 
be sent to any })lace used for the reception of criminals, or to any 
reform school. 

Sec. o. Such ordinances and by-laws shall not take effect until 
approved by the commissioner of public schools. 

Sec. 4. The several towns, availing themselves of the provisions 
of this chapter shall ajipoint, at their annual town meetings, or annu- 
ally by their town councils, three or more persons, who alone shall 
be authorized to make the c(implaints, in case of violation of said 
ordinances or by-laws, to the justice of the peace, or court which, by 
said ordinances shall have jurisdiction in the matter ; and said persons 
thus appointed shall alone have authority to carry into execution the 
judgment of said justice or court. 



CHAPTER 71. 



GENEllAL PKOVISIONS RELATING TO I'UBLIC SCHOOLS- 



Section 

1. No person excluded from school 
unless by general rule. 

2. School oiScors to ho sworn. 

3. Engagement of district clerk, and 
oflFoct of his record. 

4. Fine for neglect to take engage- 
ment. 

6. Tenure of office of school officers. 

6. Penalty for nog'l(>ct of duties. 

7. School oflicors refusing to account, 
to ho liahlo to suit. 



Section 

8. School committee may visit schools 
incorporated or aided hy the 
state. 

9. Penalty for I'cfusiug to (xdmit such 
committee. 

10. Penalty for nuisances near school- 
houses. 

11. Construction of the word "town." 

12. Public schools in city of Provi- 
dence, how governed. 



Section 1. No person shall be excluded from any public school 
in the district to which such ])erson belongs, if the town is divided 
into districts, or, if not so divided, from the nearest public school on 
account of being over fifteen years of age, nor except by force of 
some general regulation applicable to all persons under the same cir- 



CH. 71.] PROVISIONS RKLATING TO PUBLIC SCHOOLS. XXvii 

cumstances, and in no saso on account of the inability of himself, his 
parents, guardian or employer, to pay any rate bill, tax or assessment 
whatever. 

Sec. 2. All school officers appointed under the provisions of this 
title, except the moderator of a district meeting, shall take an engage- 
ment before some judge, senator, justice or warden, notarj', town 
clerk, member of the town council, or chairman or clerk of the school 
committee, to sujiport the constitution of the United States, the con- 
stitution and laws of this state, and faithfully to discharge the duties 
of their several offices, so long as they continue therein. 

Sec. 8. The clerk of the district may take the engagement in 
open district meeting, before the moderator, or any magistrate pre- 
sent, and the clerk's record that any district officer has been duly 
engaged, shall he prima facie evidence thereof; and all district school 
officers may be engaged by the clerk of the district. 

Sec. 4. If any school ofhcer shall not take such engagement 
within a reasonable time, he shall be fined one dollar, but all acts of 
such officers otherwise lawful, shall be valid from the time of their 
election or appointment. 

Sec. 5. All officers under the provisions of this title shall, without 
a new engagement, hold their offices until the time of the next an- 
nual election or appointment lor such office, and until other persons 
are appointed in their places. 

Sec. 6. Any officer who shall make any false certificate, or ap- 
propriate any public school money to any purpose not authorized by 
law, or who shall refuse for a reasonable charge to give certified 
copies of any official paper, or to account or deliver to his successor, 
any accounts, papeis or money iti his hands, or shall wilfully or know- 
ingly refuse to perform any duty of his office, or violate any provis- 
ions of any law regulating public schools, except where a particular 
penalty may be [)rescribed, shall be fined not exceeding five hundred 
dollars, or imprisoned not exceeding six months, and shall besides be 
liable to suit for damages by any person injured thereby. 

Sec. 7. Any such officer refusing to account or to deliver over 
any accounts, pa})ers or moneys to his successor in office, shall, in 
addition to the foregoing penalty, be liable to a suit therefor, to be 
brought by such successor. 

Sec. 8. Any school or asylum incorporated by or receiving aid 
from the state, either by direct grant or by exemption from taxation, 
shall be liable to be examined or visited by the school committee of 
the town or city in which such institution is situated, whenever the 
committee shall see fit. 

Sec. 9. Any such institution refusing to admit such committee, 
when requested, shall be fined one hundred dollars ; and their exemp- 
tion from taxation shall thereafter cease and be determined. 

Sec. 10. If any person shall keep any swine, of any description, 
in any pen or other inclosure, or who shall keep or suffi'r to be kept 
any other nuisanc;e within one hundred feet of any district school- 
house, or within one hundred feet of any fence inclosing the yard of 
any such school-house, he shall be fined twenty dollars, one half 



XXviii PROVISIONS relating to public schools. [title XIII. 

thereof to and for the use of the school district in which said offence 
is committed, and tlie other half thereof to and for the use of the 
state. 

Sec. 11. In the construction of this title, except in the construc- 
tion of the seventieth chapter tiiereof, and the eighth and ninth 
sections of this chapter, the word town shall include the city of Provi- 
dence only so far as to entitle said city to a distributive share of the 
public money, upon making a report to the commissioner in the same 
manner as the school committees of other towns are required to do. 

Sec. 12. The public schools in said city shall continue as hereto- 
fore to be governed according to such ordinances and regulations as 
the proper city authorities may from time to time adopt. 



CH. 616.] NORMAL INSTRUCTION. Xxix 



CHAPTER 616. 

AN ACT TO PROVIDE COMMON SCHOOLS TEACHERS WITH ADDI- 
TIONAL NORMAL INSTRUCTION. 

/;; is enacted hy the Cf-eneral Assembly asfollotvs : 

Section 1. The General Treasurer shall pay yearly on receiving 
an order to that effect from the Commissioner of Public Schools, to 
the Trustees of the Academy at East Greenwich, and to any other 
Academies or Hio;h Schools, possessing, in the opinion of the Com- 
missioner, suitable appliances for furnishing " Normal instruction," 
the sum of fifteen dollars, (-$15,) for each scholar who shall have 
been in said Academy or Academies and High Schools, instructed 
for not less than one term, in accordance with the requirements of 
this act, in the studies taught in the common schools of this State and 
in the science of common school teaching, provided the whole amount 
thus appropriated shall not exceed fifteen hundred dollars ($1500) 
per year. 

Sec. 2. The Commissioner shall not give his order for any amount, 
as above provided, until the Trustees of said Academy or Academies 
and High Schools shall have furnished him satisfactory evidence that 
a class, not to exceed forty in number in any Academy or High 
Schools, have been instructed with special reference to teaching in 
the common schools, and said trustees shall obtain from each person 
thus taught, a certificate, stating his or her intention to become a 
teacher, and shall furnish the same to the Commissioner of Public 
Schools, and tliey shall also furnish him a certificate stating such per- 
sons' qualifications for teaching, to the satisfaction of said School 
Commissioner ; provided, that in case the number so instructed shall 
exceed one hundred persons, the aforesaid sum of $1500 shall be 
divided pro rata among the whole number thus taught. 



REMARKS. 



REMARKS 

ON SOME OF THE PROVISIONS OF THE SCHOOL LAW. 

AND ON THE DUTIKS OF DIFFERENT OFFICERS 

AND BODIES CORPORATE UNDER THEM. 



TOWNS. 

In order to receive its allowance from the State treasury, a town 
nmst first vote to raise the amount the law requires; and if voted an- 
nually, the vote must be passed on or before July 1st, in every year. 
But an ajipropriation may be made by a standing by-law, under which 
the town treasury may every year make the necessary appropriation. 

The revised statutes i-equire each town to raise one-half of the 
amount it receives from the division of the thirty-five thousand dol- 
lars. This will add to the tax of only about five towns in the State, 
and but a very small sum annually to each of their tax bills. This 
change in the law shouhl be especially noted, or some of these towns 
may, by neglect, forfeit the whole money they now receive from the 
State. Let them and all the towns remember that they can hardly 
expend too much money on their schools, if they expend it under the 
most rigid system of supervision ; and when such intelligent control 
and visitation are not demanded, almost the whole of any small 
amount of money raised for schools will be comparatively a waste. 

It is believed that where a town is divided into districts, and each 
district has trustees to manage its own local affairs, it will be better 
to have the town's committee a small one, provided competent i)er- 
sous can be obtained to undertake it. Their duties are to examine 
teachers, visit, and have a supervision of the schools. There is dan- 
ger that a large committee will not meet often, and that they will 
attempt to perform too many of their duties by small sub-committees 
of one or more. The delegation by the whole committee, to each 
member, of the power to manage some particular district, was one 
great cause of the inefficiency of the former system. The examina- 



2 remakkS. 

tion of tcacliers sliould, in all cases wlierc it is possible, be done by 
the vvliole connnittee ; and incompetent persons will be less likely to 
apj)ly to the whole conmiittee, than to a single member, to be examined, 
and the persons appointed to visit particular schools, should always 
make specific reports to the whole b(jard at their monthly or quarterly 
sessions. In this M'ay alone can the annual reyiort of the school 
committee bo made up properly and as fully as is necessary. Special 
attention to the duties of examination of schools alone can fit 
the committee to make such annual communication to the people 
of the town on the subject of their schools, as shall be of greatest 
service to them. This annual report should by all means be printed 
and circulated amono; all the citizens of the town. The mothers and 
the sisters of the scholars should see it as well as the fathers and voters, 
and the only way in which they can. all enjoy this pri\'ilef!;e is to have it 
jM'inted and at least one copy I'nrnished to each family in the town. 
It is then easy to make all citizens acquainted with, the workings of 
our school system, and to induce them carefully to guard the expen- 
ditures made for the common benefit. 

By the new act, a town may appoint or authorize its committee to 
appoint a sui)crintendent of schools. In such case the sui)erintendent 
will ])erform the duties of examining teachers, visiting schools, and 
such other duties as the connnittee may assign him. This will re- 
lieve the connnittee of a very laborious portion of their duties, and 
at the same lime secure a far more accui-ate and careful com])arison 
of one school with all the others in the town. It will also give far 
more regularity and systematic teaching in all the schools, and will aid 
the teachers in many cases of government and discipline where they 
greatly need the benefit not oidy of greater authority, but a wiser 
and more exi)erienced judgment. 

Several towns have already adopted this mode of conducting their 
schools, and not one is known to have regretted the progressive step. 
A good way might be for two oi' three towns to unite and employ a 
man who should devote his whole time to their schools, ]iaying him 
in proportion to the time actually spent in the schools of each town. 
I'he only objection that could be made to such an arrangement would 
probably be the mutual jealousies of towns. But it is to be ho])ed 
that these will not stand in the way of some method of brinjiino; 
about the aj)puintment of superintendents of schools in every town 
in the State. 

The town treasurer slnndd, as soon as the State money is ajipor- 
tioned, which is to be done in May, and as soon as the school committee 
have made their report and the town has voted to raise what the law 



TOWN TREASURER. 



TOWN TREASURER. 



requires, apply to the commissioner for an order for his town's por- 
tion. If the town appropriation be made by standing by-law instead 
of an annual vote, he may apply immediately, provided the school 
committee have made the report the law requires. Some towns make 
a practice of depositinn; their school money in some bank,' which will 
pay them a low rate of interest. But it should be always subject to 
order. 

If the treasurer is newly elected, or his election not generally 
known, it may be well for him to procure from the town clerk a cer- 
tificate to the fact of his beinir town treasurer. 

He is to keep a separate account of all school moneys, and is, 
within one week after the annual town meeting, to furnish the school 
committee with a particular account of all school moneys in his hands, 
the sources from which derived, &c. He can only pay out the school 
money, (whether derived from the State, town, or registry tax,) to 
orders signed by the chairman or clerk of the school committee, and 
if he pays it out or appropriates it otherwise, he would be liable to 
the penalty of the law. 

The town treasurer, to obtain the State appropriation, should fur- 
nish to the commissioner a certificate substantially in the following 
form, signed by himself, or the town clerk : — 

Town of A. D. 18 

I certify, that, in addition to the funds received from the State, and 
to the unexpended school moneys of last year, received from all 
sources, this town has, by vote passed in legal town meeting, appro- 
priated the sum of dollars, to be paid out of the town treasury, 
for the support of public schools in this town for the present year 
according to law. 

A. B., 

Town Treasurer or Town Clerk. 

To C. D., Commissioner of Public Schools. 

It will be seen that, by the revised statutes, the town treasurer is 
obliged to make a statement to the several school districts of the 
town, of the amount of money apportiojied by the school committee 
of the town to such districts ; and he is also to submit to the com- 
missioner of public schools a statement of all money expended for 
the public schools of the town, and the sources whence it is derived. 
The object of these provisions plainly is to enable each of the sepa- 
rate and independent officers of the public school system to under- 



4 REMAl^KS. 

stand liow much monoy ovovy district is by law cMititlod to, ;ni(l to be 
able to lav bcl'orc tlic jicojilr at pi'opcr times a lull and accurate ac- 
count of tlio iiiodi^ ol' its cx|)cudilui'c. Provisions so salutary :nid 
reasonable^ ouolil not to be nciilcctcd ; and if tliey are ne;j;lected, it 
is not certain but tliat the town would be dc'|)rived ol' its |)art of 
the public money, or at K'ast delayed or put to exjiense to obtain it. 



SCHOOL COMMITTEES. 

The school couunittee shoukl lii'st be en<2;a<:e(i, and then elect their 
chairman and clerk ; and these olHcers are liable to be removed at 
the pleasure' of t lu' committee. It would bc^ we'll to liavi; the cer- 
tilicate of their own eku'tion and eniiii^ement made n|)ou the I'ecord 
bo')k itself, as loose' papers are more liable to be lost. [See- form.] 

"^riie' nnnd)"!' of the' se-hool e'onnnitte'c, thi'e'e' oi' me)re', may be Hxeel at 
each annual te)vvn electie)n. If the town tails te) elect at the annual 
town mee'tino-, the town ce)uncil must elect them at its 7iext meetinji;. 
Otherwise thei ohi e'ommittee' will holel e)ve'i'. I5ut any town may 
vote to eleleo;ate to tlie> e'e)une-il the' powe'r of appointing the ce)mmittee. 

Vacancies. — If any member of the' committee resigns, the rest (if 
tlu're be a qnoi'um) may snpply the vae'ancy. If so many resign or 
refuse te) se'rve- as ne)t te) K'ave a epioruni, the vae'aiu'y nuist, as in 
case of otlu'r te)wn e)llicers, be sui)[)lieel by the te)wn cetinu-il, until the 
next town meeting. 

Meetings. — 'J'hey shonlel he)lel uu;etings at least epiarterly, as the 
law re'epiires. Hut the* se'he)e)ls canne)t ])re)sper nidess nu'ctings are 
lielel as often as e)iiee a me)nth. I5y freepient meetings auel conversa- 
tie)n, much valuable infe)rmalie)n may be acejuired. Anel it we)ulel be 
well lor committees to be continually endeave)ring to obtain a kne)wl- 
edge of the situation of the dilFerent eiistricts, the amount of taxable 
property in each district, the number o[' the agriculttu'al anel manu- 
facturing |)opulation respectively, &c., A:e'., anel this se)rt of iidbrma- 
tie)u she)uKl be prese'i-veel, as it is abse)hite'lv ne'cessary te) e'uable them 
anel their successe)rs te) elise'harge well their eluties. 

All acts of the sche)e)l committee, to be valiel, must be (\o\\ii at a 
meeting of tlu' cexnmittee. ()ii\ing tlu-ir asse'ut te) any measure 
separately, ami without nuH'tlug, we)idel be held ilk'gal. 

The nianne'r e)f e-alling s|)e'e'ial mei'tings of the e-etnunittee', she)ukl 
bei re'gulate'el by bydaw. Il'the'i-e be no by-law, the e'haii'man should 
call them, and should give every member notice il pe)ssiblu. 



SCHOOL COMMITTEES. 

Witliin a week al'ter tlic annual town nicetinp;, tlio srliool com- 
mittee are entitled to receive from the town treasurer a report of all 
school moneys iu his hands, specifying; particularly the sources whence 
derived, &c. 

As soon as elected, the clerk of the committee should forward to 
the school conuiiissioner a list of the names of the committee, with 
their post-oflice address, and shouhl also inform him in what way 
packa<i;es or bundles can most conviuiicntly he sent to them. Tliis 
will niatei"ially aid the commissioner in the discharge of the duties of 
Ids oflice. 

haij'uitj off /)/slri,cln. — A town may votc^ to maiia^'c ils schools col- 
lectively or hy districts. If there are districts, the whole power of 
layin^j; them off, making' lu^w ones, altering them, and of settlinfj; dis- 
jiuted boundaries, is vested hy law in the school committe(>, sid)ject 
to an appi-al to the conunissioner ; and reasonabh; notice should be 
given in all such cases. 

In laying oil' districts, regard should be had to the convenience of 
attending school, the nuniher of scholars, the valuation oi' pi'opcrty, 
and ability to pi'ovide school-luMisc^s, &v.. It will be; always expi;- 
dient to bound theni by rivers, roads, or other natural or well-known 
boundaries, when |)ra<'ticable. When the lines can, without incon- 
venience, be so drawn as to include all of any person's I'arm in the 
same district where his dwelling-house is, it will save a great deal of 
trouble and expense in assessing taxes. 

In New York they bound tJK'ir school districts by lines running 
from one specified [)oint to anothei", and when the; line crosses any 
person's farm or lot, they tax the whole; farm or lot in the district 
where the dwelling-housc! is, if there be oiu> oji it. lint this ruh; is 
objectionable, because when a tax is contemplated, a person so situ- 
ated may avoi I a ])ortion of it by a fraudulent conveyance of his land. 
And every purchase or sale of land so situated does practically alter 
the bounds of the district. 

Disti'icts must be sjt off by bounds including certain land. It is 
not sufficient, (in those towns where the schools are managed and the 
school-houses built by districts,) to declai'e that a district shall be 
com|)osed of such and >inc\i personn. The Su|)ri!me (Joiu't of Massa- 
chusetts have declared such districts to be invalid. [7 l*ick. lOD, and 
12 Pick. 200.] 

. When a district which has built a school-house is divided, or its 
bounds altered so as to take off any portioti of it, the joint pro|)erty 
is to be equitably apportioned among them. If the district owe any 
debts, they should of course be considered in the apportionment, in 



6 REMARKS. 

some cases this can be clone by a division of tlie property itself. In 
other cases tlie rent or income may be apportioned, according to the 
peculiar circumstances. The school committee must decide such 
cases, subject, of course, to the appeal provided by the law. 

Where it is more convenient for a person belonging to one dis- 
trict-to send to a school in anotlier district, the school committee may 
alter the bounds so as to include his house ; or the trustees, or, if no 
trustees, the committee may permit his chikh-en to attend such school 
and pay for it under the provisions of the law. And the committee 
may make the same arrangement for those who can more conveniently 
attend a school situated in a neighboring town. 

In every town, after the boundaries of the districts are settled, it 
would be well to have a description of them printed for general in- 
formation and circulation. This might, with propriety, be attached 
to the school regulations. 

The power of fovm'mg joint districts on the borders of the different 
towns, is also confided to the school committees. Many of the man- 
ufacturing villages are on streams which are the boundaries of towns, 
and are partly in both towns. In such situations the school com- 
mittees should encourage the union of the adjoining districts, as both 
together may be able to establish a better school, or keep one for a 
longer time, or to establish them of different grades. 

In assigning to a district which forms part of a joint district, its 
proportion of that part of the money whicli is divided according to 
average attenrkince, the committee Avill of course take the average 
attendance of that portion of the scholars who belong to their own 
town. 

Location^ Plans, ^<-'. — The school committee are to locate all 
school-houses, and to approve of all plans and specifications for build- 
ing them. When the district is unanimous, and the location, on the 
Avhole, unobjectional, the committee will defer to their wishes ; but 
in cases of dispute, they should endeavor to select such a site as will 
best accommodate the greater portion of the district. Plans for the 
erection and repairs of district school-houses must also be approved 
by the school committee, or by the commissioner. This provision, 
together with that requiring that the school committee must approve 
of all rates of tuition and taxes that any district may order, was in- 
tended to operate as a salutary check against the improper exercise 
of the powers given to school districts. In some districts there may 
be but few legal voters ; in others, the majority of voters may be 
persons not interested in the ])roperty in the district ; and various 
other cases may happen where a minority should be protected against 



SCHOOL COMMITTEES. • i 

abuse of taxation. And for this purpose, the law requires the 
approbation of the school committee, the majority of whom will proba- 
bly belong to other parts of the town, and have no^^rivate or 
personal interest in the local controversies and disputes of the district. 

For tlie same reason the law requires the plan of building to be 
appoved by the committee. The committee should therefore inves- 
tigate this subject, and visit and examine the best school-houses, so 
as to be pre})ared to act when called on. They will find a variety 
of plans in the document on school-houses, attached to the report of 
the first commissioner, Hon. Henry Barnard, LL. D., which they 
can modify according to circustances, and frou> which, at least, they 
may derive many useful hints. 

The subject of school-houses and school apparatus is most fully 
discussed in the work published by Mr. Barnard on school architec- 
ture, which in<:ludes all the various articles published in his different 
reports, while superintendent of schools in Connecticut and Rhode 
Island, and which cannot be too highly recommeiided to those wish- 
ing information on this subject. 

Examining Teachers. — The examination of persons wishing to 
teach as principal or assistants, the granting of certificates of qualifica- 
tion, and the annulling of such certificates, are among the most 
important duties devolving on the school committee, and on their 
faithful performance the efficiency of the law mainly depends. 

The inefficiency of the former school system in many of the towns 
was owing to the fact tliat the duties of examining teachers and visit-' 
ing the schools were too generally neglected or ill performed. 

The law gives the committee the power to appoint a sub-committee 
for the purpose of examining teachers. But it is respectfully sug- 
gested that where the whole committee can meet for this purpose it 
is most advisable. It will have a more imposing eflPect upon the 
teachers themselves, and incompetent pei'sons will be less likely to 
present themselves. 

In making such examinations, whether by the whole board, or by 
the sub-committee, they should inquire ^rs^, as to moral character. 
On this point, the committee should be entirely satisfied, before pro- 
ceeding further. Some opinion can be formed from the general 
deportment and language of the applicant, but the safest course will be, 
with regard to those who are strangers to the committee, to insist on 
the written testimony of persons of the highest respectability in the 
towns and neighborhoods where they have residetl ; and especially 
to require the certificate of the school committee and parents where 
they have taught before, as to the character they have sustained, and 
the influence they have exerted in the school and in society. 



8 



KKMAllKS. 



Whiles a coinmitteo should not iMidcavor to Iii(|uiro into the 
jx'ciiliMf I'cdi^ious or s(>(!tari;m o])inioM.s of a tcaclu'i", and slioidd not 
entertain iWiy prcrcrcnccs or prejudices lounded on any sucli o;rounds, 
tlu^y oui;lit, without hesitation, to reject every person who is in the 
liahit of ridicuhui;', deridiiiL:; or scolKui;- at religion. 

Alid while a examination shonhl in no case he exten(K'd to the 
political opinions of the can(h(hite, yet it may with j»i'opriery extend 
" to tlieir manner in expressino; such hehef", or maintainin^j; it. It' 
that niaiuier is in itsell' lioisteroiis and (hsorih'i'U', inteniperati^ and 
ollensivc, it ma\' well he supposed to indicate un;j;overned ])assi()ns, 
or want of somid principles of conduel, wdiich woidd ren(K'i' its 
j)ossessor ohiioxions lo the inhal)itants of the district, and unlit lor the 
sacred duties of a teaehei' of youth, who should instruct, by example 
as well as l»v precept/' — .V. )'. liiumlatimt^. 

fS'ft'uiid, (in to litrrarji nlt(tliuiictits. '[\\r lowt-st o'rade of attain- 
ments is specilied in the s(diool law, and demands a thorough knowl- 
edo-e ol" the conunon hraiu-hes of Pai^lish education. P'.very teacher 
nmst ha\i' heen lound (pialilied hv (>xamination, or hy |)revious ex- 
perienc(>, which must haxc come to the personal know ledo;t' of the 
eonuuitlee, to teach the lMii;lish lan<:;ua<j;e, arithmetic, penmanshii), 
and the rudiments ol" <j;eotj;iM|)h\- and history. An examination as t'» 
the atlaniuH'uts of a teachei- in thes(> hrani'hes miliht he so i-ondnetcd 
as to ti'st his capacity in lliosi' particulai's, to teach any <j;rade ol" 
scliools. Some rererenct', tliercl'oi'c, nuist he had to llu> condition 
•and w;inls ol' the district schools as \\u'\ now ari'. Uut no person 
should he considered (pialilied to teai'h any school, who caniU)t speak 
and write the IO!iii;lisli lanii;uaL;'e, il not elegantly, at least corrt'ctly. 
He should he a o'ood I'eader, and he ahle to make the hearer under- 
stand and I'eel all that tlu' author inti-ndeil. //<' xlioiihl be able to </ii'i' 
the aiK^li/sin att well rr.s' explain the iiteaiiitn/ of the irords of the se)i- 
tenee^ and explain all datetf, ')i(tineK and allusions. He should he a 
edoil speller; and to test this, as well .as his knowlcdex' of puni'tua- 
tion, the use of ca|)itals, itc., he should he reipni'cd to write out his 
answers to some ol' the ipu'stions ol' the connnittee. Hi' should 
underst.ind |)racticallv the lirst principles ol lOnelish <::;rammar, as 
illustrated in his own writino- and conxcrsation. lie should be able 
to write a uood hand, to uiake a pen, and teach others how to do both. 
He should show his kuowledne of Meoi;i'a|ih\ by apply ine- his dctiiii- 
tious ol' the idementarv pi'inci|)les lo the o'cooraphy of his own town, 
State and country, and by (juestions on the map ami ^lohe. He 
should bi' able to answer promptly all questions relating to tlu> lead- 
ino- incuts of the history ol' the lluiteil States and his own State. In 



SCHOOL COMMITTEE. 



aritliinetic, lie should bo well versed in some treaties on mental 
aritlimetic, and he able to work out heiore the comniittoe, on the 
blackboard or slate, such questions as will test his ability to teach the 
text-books on arithmetic prescribed for the class of schools he will 'oe 
eniia;j;ed in. 

Thirds his ability to instruct. — This ability includes a])tness to teach, 
a power of siinplifyino- difficult j)rocesses, — a skill in iinpartin<i; knovvl- 
C(lo;e, — of inducino- pupils to try, and try in such a way that they 
v\ ill derive encoura;;enieiit as ihcv ^o alon^', — which must be <^ivcn 
by nature, but may be cultivated by observation and practice. An 
examination into the literary (pialiHcations of a candidate as oi'dinarily 
conducted, and (!ven when conducted by an experienced committee 
man, or even by a teacher, will not always detei'inine whether this 
ability is possessed, or possessed in a very eminent degree. Hence it is 
desirable for the committee to ascertain what success the candidate 
has had in other ])laces, il' h<; has tauo;ht before ; and if this evidence 
cannot be had, whether hv, has I'eceived any instruction in the art of 
teachino- ; or has been educated under a successful teacher; or has 
visited o()()d schools, Jn conductiiii;- the examination to ascertain 
this ])oint, the candidate should be asked how lu^ would teach the 
sevei'al studies. He sliotdd be asked how he would proceed in teach- 
iu^ the alphabet to a child who had luiver been instructed at all in it ; 
as for example, whether he would "ivc him words or sinj^le letters ; 
or letters havin^; a general resendjlance ; or in the order in which 
they are ordinai'ily printed ; or by copying them on a slater or black- 
board, and then repeating their names after the teacher ; or by ])ick- 
ing them out of a collection of alphabet blocks, &c., &c. So in 
spelling. He should be asked how he would classify his scholars in 
this branch, and the methods of arranging and conducting a class 
exei'cise ; how I'ar he would ad()j)t with the class the simultaneous 
method, and how far the practice of calling on ea(di mend)er in regu- 
lai' order; how far he would j)Ut out the woid t(> the wlioU' class, and 
after requiring all to spell it ■inc-nfaUji^ name a pai-ticular scholar to 
spell \{ orallij ; how far he wotdd adopt the method of writing the 
woi'd, and especially the dillicult woi-ds, on a slntc; oi- blackboard ; 
how Ww \w. wouKl (Connect s[)elling with the I'eading lessons, &c. 

It will be more satisfactory sometimes, pei'haps, to have a class of 
small scholars present at the examination, and let the candidate go 
through a n^citation with them, so that the committee can have a 
practical specimen of his tact in teaching each branch of study ; in 
exj)laining and removing difficulties, &c. 

The same method of examination should be carried into reading, 



2 



10 REMARKS. 

and every otlier branch. It is more important to know tliat the 
teacher lias sound views as to methods, than that he is quahhed as 
to Hterary attainments. 

Fourth^ ahility to govern. — This is an important quahfication, in- 
sisted upon by the law, and indisnensable to the success of" the schools. 
On this j)()iiit the connnittee should call for the evidence of former 
experience, -wherever the candidate has taught before, and when this 
cannot be had, the examination should elicit the ])lans of the teacher 
as to makinti; children comfortable, keeping them all usefully em- 
ployed, and interested in their studies, his best system of rewards 
antl punishments, and examj)les of the Kinds of jiuiiishment he would 
resort to in particular cases, and all other matters pertainino; to tlie 
good order and government of a school. In this cciniection, the 
age, manners, bearing, knowledge of the world, love and knowledge 
of children, &c., of the applicant, will deserve attention. 

In addition to these qualifications which the law requires, the 
address and personal manners and habits of the applicant should be 
inquired into, for these will determine in a great measure the man- 
ners and habits of the children whom he will be called upon to teach. 

The most thorough and satisfactory mode of conducting the exam- 
ination is by written questions and answers; it will be desirable, 
if the examination is conducted orally, to keep minutes of the ques- 
tions and answers. 

While every teacher should be found qualified in the particulars 
specified in the law, the certificate might sliow the peculiar qualifica- 
tion of the person to wiiom it is given, viz. : that he or she is pecu- 
liarly fitted for a primary school, as principal or assistant, as the case 
may be. 

The school committee must remember that on the tlioroughnessand 
fidelity with which this duty is performed, depends in a great measure 
the success or failure of the school systeni. . The whole macdiinery 
moves to bring good teachers into the schools, and to keep them 
as long, and under as favorable circumstances, as jiossible. 

If the teacher adds to his other qualifications a knowledge of the 
art of singing, it will be an additional reconnnendation to him with 
those wlio desire to have a good school. Singing in school serves as 
a recreation and amusement, especially for the smaller scholars. It 
exercises and strengthens their voices and lungs, and by its infiuence 
on the disposition and morals, enables a teacher to govern his school 
with comparative ease. 

The committee should exercise a sound discretion in the examina- 
tion. If a person has been before examined by them, and the committee 
have often visited his school, and know him to be a good teacher, the 



SCHOOL COMMITTEE. 11 

law allows them to 2;ive him a certificate foiiiifled on this experience. 
But the reexaminations can in no case do any injury, and by crradu- 
aliy increasing their rigor and adding to the requirements, much may 
be done towards raising the general standard of education. The 
committee should, for convenience of reference, keep a tabular 
list of the names of all persons examined by them, either oif their 
common record book, or in a book kept for that purpose, with col- 
luiins for the date, age, place of residence of the applicant, the result 
of the examination, and any other remarks that may a})pear worthy 
of remembrance. 

Avnulling Certificates. — As a teacher's qualifications depend not 
merely upor. his learning, (of wliicli a committee can judge from ex- 
amination,) but upon his moral character, his disposition and temper, 
and his capacity to impart information, and to govern a school, in re- 
gard to all which the conunittee may be deceived or not fully informed ; 
the law gives the committee the power to annul any certificate they 
may have given, if on trial the teacher proves unqualified. A 
teacher may also refuse to adopt the proper books, may introduce 
improper books, may refuse to adopt what the committee deem the 
best methods of instruction, or may violate other regulations of the 
committee. In case of all annulments of certificates of teachers, the 
school committee, who are the only authority in the matter, must 
give at least five days' notice in writing of such intention, and after- 
wards must notify the trustee of their act. 

Visitation of Schools. — There was no duty of the school committee 
under the old law more generally neglected than that of visitation. 

The new law makes it the express duty of committees and trustees 
to visit the schools often. Without personal visits to the schools, 
the committee can know nothing about the teacher's capacity to 
impart information, or about his method of instruction and govern- 
ment, neither can they know the state of the register and the general 
conduct of the scholars. 

The committee are authorized to employ some suitable person to 
visit the schools in their stead, and to pay him a reasonable compen- 
sation. 

Visiting the schools also has the eflP-'ct of encouraging the teacher 
in the performance of his duties; and if the teacher is visited and 
treated with proper respect by the committee, trustees and parents, 
it materially aids to secure to him resjiectful treatment from the 
scholars, and enables him to govern his school and preserve order 
with ease, and without resorting to corporal punishment. 



12 REMARKS. 

But tlie greatest effect is on the pupils tliemselv'es. School is now 
considei'ed by many of them as a place of punishment. But if theil' 
parents and others visit tliem often, and take an interest in tlieir 
studies and progress, it gives a new character at once to the school 
and the school-room, and they contenii)lat(; it with pleasure instead 
of dread. 

It will also have the effect of accnstoming the pupils to recite 
before strangers, and help them to get rid of that timidity and reserve 
which, if not early removed, may prove a serious hindrance to their 
success in many pursuits in after life. 

While it will be advisable to assign one or more schools to each 
member of the committee, for the purpose of visitation and general 
supervision, it will be very desirable that all the schools shall be 
visited at least once a term by the same person or persons, so that a 
comparison can be instituted between the different teachers and 
schools, and the official reports and returns be made out tnore under- 
standingly. The trustees and parents of each district should be 
invited to accompany the committee on their visits ; and it will be 
well to encourage the teachers to visit each other's schools, with a 
few of their most advanced scholars. 

In visiting schools, whether by the whole board, sub-committee, or 
individually, the following are among the objects which deserve 
attention : 

The condition of the school-house and appurtenances ; its location ; 
size and condition of yard and out-buildings ; construction, size, out- 
ward appearance, and state of repair of building ; by whom built 
and owned, whether by town, district or proj)rietors ; number and 
size of enti'ies, and whether furnished with scraper, mat, hooks and 
shelves for hats, outer garments, water-jiail, cup, broom, dnstei', etc. ; 
dimensions of school-room, and its condition as to light, whether too 
much or too little, — as to the air, pui'e or impure, — as to temperature, 
whether too high or too low ; modes of ventilation, whether by 
lowering or raising u])per or lower sash, by opening into attic, by 
flue or otherwise ; whether heated by close or open stove, Hre-place 
or furnace ; consti'uction and arrangement of seats and desks ; 
whether all the scholars, aiul especially the younger, are comfortably 
seated, witii backs to lean against, and with their feet resting on the 
floor, and all facing the teacher ; whether there is a platform where 
the teacher can overlook the whole school, and aisles to allow of his 
passing to every scholar, to give such instruction as maybe necessary, 
in their seats ; whether tlicre is a place to arrange the classes for 
recitation, and accommodations for visiiors, &c. 



SCHOOL COMMITTEE. 13 

On enterino- the school, the committee will first ascertain all 
necessary particulars respecting the teacher, such as his certificate, 
general ])lan, &c. These will enable them to form a pro])er judgment 
of" what takes place in the course of their subsequent inspection and 
inquiries. 

The school register should be called for, and such particulars as to 
the number and names of the scholars, their age, parents, attendance 
and studies, should be gleaned, as will enable them to sjieak on the 
importance of regular and punctual attendance, to expose the evils 
of the contrary practice, and to connnend before the whole school 
those who are among the most regular. An inspection of the regis- 
ter will inform the committee what children are not connected with 
the school, and a kind and timely call, a word with the parents or 
guardian, may save such children from ignorance, and the community 
from its consequences. 

The committee should iiKpiire into the number of classes, and the 
studies they pui'sue. Such exercises should be called for as will 
exhibit the proficiency of the pupils, and the methods of instruction 
adopted by the teacher, and enable the committee to judge of the 
tact of the teacher in imparting information. The teacher, injustice 
to himself and his pupils, should be allowed to conduct some oi" the 
exei'cises himself, and in his usual manner, as the scholars, (if not 
used to being visited by strangers,) will be less timid when examined 
by him, and the conmiittee will have a better oiiportunity to see his 
mode of instruction. But the committee should also ask questions, 
and in some cases take the examination into their own hands. 

It will be well to place in the hands of the more advanced scholars, 
Avritten or printed questions, to be answered in writing, while the 
examination of other classes is going forward. And the same or 
similar questions should be asketl in every school visited, and the 
answers will be to some extent an unexceptionable standard of com- 
parison between the teachers and the schools. 

The connnittee should l)e careful to notice the manner in which 
the pu])ils spell and read. In reading, especially, there is great care- 
lessness in many of our schools. They should also observe the 
teacher's manners and mode of governing. If the school is not pro- 
vided with j)roj)er maps, blackboards, &c., by jiroper remarks on their 
uses and importance, they may be the means of inducing the district 
to procure them. 

Sucdi inquiries should be made as will show how far the rules and 
regulations of the school conmiittee are observed, as to teachers, 
books, the cleanliness and preservation of the school-house, the man- 
ners of the pupils, &c. 



14 REMARKS. 

Great care shonld be taken not to wound nnnecessarilv tlie feelings 
of teacher or pupils, and commendation should be bestowed wherever 
it is deserved. 

Selecting Boohs. — The schools have heretofore suffered much from 
the great variety used. It has rendered classification impossible, and 
whenever a scholar has changed his district or h.is school, a new set 
of books was to be purchased. Uniformity should be estabhshed in 
the schools of a town at least. And by proper management, by 
procuring some ])erson in the town ftr county to act as agent, a great 
saving in expense to the parents can be effected. In regard to the 
selection, the committee are entitled to the advice of the commissioner, 
and the benefit of his experience; and it is expected that they in 
turn will coi^perate with him in such measures as he may recom- 
mend or adopt to secure a uniformity of books in the State. 

But no rule which a committee may adopt as to the books to be 
used, should be so framed or construed, as to prevent a teacher from 
using explanations or illustrations to be found in other books u]ion any 
particular subject. In arithmetic and algebra it will be a profitable 
exercise for the teacher to give the pupils occasionally for solution, 
questions and problems from other books besides the prescribed ones. 

No book should be introduced into any j)ublic school by the com- 
mittee, containing any passage or matter reflecting in the least degree 
upon any religious sect, or which any religious sect would be likely 
to consider offensive. 

Rules and Regulations. — The school committee should prescribe a 
system of rules "and regulations respecting the age, admission, attend- 
ance, classification, studies, discipline and instruction of pupils, in all 
the seiiools ; the examination and duties of teachers ; the. kind of 
books to be used, &c. 

The age for admission should be uniform in all the districts of a 
town, as otherwise some disti'icts may have the advantage over others 
in the apportionment of the public money. 

Apportioning Money. — The committee, having ascertained what they 
can depend upon from the State treasury, the town and the registry 
act, and having reserved an amount sufficient to defray the expense 
of j)rinting their report, will apportion it as soon as possible according 
to law. But they are not authorized to pay out or give an order to 
any district which has not maintained a school for at least four months 
during the year jM-eceding. The law makes a district's complying 
with these provisions for one year, a prerequisite to its receiving any 
moue}- the next year. 



SCHOOL COMMITTEE. 15 

As to apportioning money to a joint district, see chapter 63, section 
6; and to a secondary school, supported by two districts, see chapter 
63, section 4. 

It will in all cases be desirable, and the safest course for the com- 
mittee, to let the school money remain in the town treasury, (at 
interest if possible,) until the schools are kej'ft, and not to give orders 
for it any faster than they are satisfied it is actually expended. It 
may then be paid to the teacher or his order, on his producing or 
sending a bill certified or allowed by the trustees, or otherwise, at 
the discretion of the committee. 

The committee will find it greatly to their convenience to keep a 
separate book for their accounts. In this book a separate account 
might be opened with each school or school district, in which the 
district should be from time to time credit^ with the money appor- 
tioned to them, and then charged with the orders which have been 
given to them. 

Another separate account may be so kept, by listing all the sums 
of money approj'riated to schools on one side, and all orders given on 
the other, as to show at any time the balance under the committee's 
control. 

Reports. — By chapter 65, section o, trustees are to report to the 
school committee, at such time and in such form as the committee or 
commissioner may prescribe. These returns must be made in season 
to enable the committee to digest them, and prepare a report to the 
commissioner by July 1st ; for which reports the commissioner will 
furnish forms. The committee are, also, at the annual town meeting, 
to make a written or printed report to the town, of all their doings, 
the condition of the schools, plans for their improvement, &c. 

Tlie committee are authorized to reserve enough (not exceeding 
i20) out of the school money to ])rint their reports. And it is be- 
lieved that no part of the school expenditure would do more good 
and tend more to keep up an interest in the schools, than this. 

The committee must aid in organizing districts, by giving the 
notice for the first meeting. And when there are no trustees, or 
when the trustees neglect to call meetings, the committee must call 
them. In such cases they may direct the mode of notice. 

Any district when met, may vote to devolve upon the committee, 
with their consent, the whole management of their schools ; and in 
that case the committee can exercise in that district all the powers 
which the district itself might exercise, may keep the school, have 
the custody of the school-house, fix the rate of tuition, &c. 

If any district neglect to organize, or if organized, shall, for the 



16 



REMARKS. 



space ol' six moiitlis iicgl(>ct or rofiise to cstablisli a school, tlie com- 
mittee may, either l)y themselves or their agent, employ and j)ay a 
teacher for the district. 

Q-radation of SjIdjIs. — The schoal committee can promote a grada- 
tion of schools, or a sepiration of the younger and the older scholars, 
and the primary and advanced studies into distinct schools or depart- 
ments. But it has been decided that they cannot compel a district to 
estabhsh graded schools. 

Whenever the schools of a town are managed indei)endent of 
districts, a suHicient number of schools of ditferent grades can be 
estabhshed by the committee, at convenient locations, varying in the 
studies pursued accorih'ng to the circumstances of the jxjpulation. 

And in towns which are divided into districts, there are many 
viHages and thickly settled districts, Avhere a gradation of schools can 
be introduced. By sei)arating the small children from the older 
scholars, the instruction of both can be carried on to greater advan- 
tage, and with a great economy of time and expense. By putting 
the small children under the care of a female teacher, they can have 
more of the teacher's time flevoted to them, and will learn with 
a ra])i{lity surprising to those who have not seen the elfect ot'it. This 
enables the teacher of the large scholars to devote his whole attention 
to their improvement. 

They may rect)mmend the union of two or more adjacent districts, 
lor the purpose of establishing a secondary oi- grammar school for the 
older and more advanced i)upils of each district. This can be done 
to advantage in almost every town. 

Records. — At the beginning of the year the committee should have 
a warrant or certificate of their election from the town clerk, (see 
form,) which it would be well to ha\e ma.le upon the record book 
itself, ;is loose pai)ers are often lost. Then let the certilicate of 
engagement follow in ortler. 

The clerk should record any motion negatived, as uell as those 
adopted, as parties may be interested, and have a right to appeal, in 
many cases, from a negative vote as well as from an affirmative one. 

When it can be conveniently done, the minutes of the proceedings, 
as drawn out by the clerk, should be read in open meeting, or at the 
next meeting, for correction, if necessary. Misunderstandings may 
thus be |)revented. 

The clerk should always record the names of the members of the 
committee j)resent at any meeting. lie should also keep the copies 
of all abstracts, and all re])orts made to the commissianer, so that the 
committee may have them for future reference and comparison. 



TRUSTEES. 



17 



TRUSTEES. 

One or tliree trustees arc to be appointed by a district at its annual 
meetinjj;. If by any accident an election is not made then, or if a 
vacancy occurs, tlie district may elect afterwai'ds. And if a special 
meetiiifT is called to fill a vacancy occasioned by resignation, the 
Avarrant to call the mcetino; must state that an election is to be 
held. Trustees hold their offices until their successors are appointed ; 
and can oidy be removed from their office for cause, and after notice 
and trial. 

If there are three trustees, a majority can act. " Where a body 
or board of officers is constituted by law to perform a trust for the 
public, or to execute a power or perform a duty j)rescribed by law, it 
is not necessary that all should concur in the act done. The act of 
the majority is the act of the body. And where all have due notice 
of the time and place of meeting in the manner prescribed by law, if 
so prescribed, — or by the rules and regulations of the body itself, if 
there be any, — otherwise if reasonable notice is given, and no practice 
or unfair means are used to prevent all from attending and partici])at- 
ing in the })roceeding, it is no objection that all the members do not 
attend; if there be a quorum." [21 Pick. Rep. 28.] All business 
must be done at a meeting of the board. 

The trustees must employ the teacher. In employing a teacher or 
assistant teachei', trustees should be cautious to emj)loy no one who 
lias nor a legal certificate, and not to employ one after notice that his 
certificate is annulled, as in such a case the trustees would be held 
personally liable for the teacher's wages. (See the form.) The 
trustees should see that the teacher keeps a pioper register of attend- 
ance, in order that his district may receive its due portion of school 
money next year ; and when the school is over, this registei" should 
be deposited with the trustees, or in the office of the clerk of the 
district. They should require the teacher to furnish them with such 
items of information as are necessary to make out their annual report 
to the town committee, which report should be made about the first 
of May, or sooner if the school is out, or at such time as the com- 
mittee shall fix. Forms for these reports will be furnished to the 
districts, and can be obtained from the committee or from the town 
clerk's office. 

If trustees appropriate any of the public money to pay a teacher 
not legally examined, they are liable to a penalty. 

The school must be kept four months in order to obtain the money 
for the next year. And the trustees, without waiting for a vote of 

3 



is 



Kl'.MAKKS. 



the (lislrict, iiKiy, if the [uiMic iiioiicN' is iiisullicicnt , nssrss a rate 
.siilliciciit to kcc|> llir scliool I'diii' iiidiillis, takiiii;- caii', liowcvcr, lo 
liavo tin.' I'atn a|i|»r<)\('(l liy llic scliool (•(iiniiillli'i', and i'\i'iii|itiiii:; those 
tlii'V coiisidiM" itiiaMc to pay. 

H" any scliolars can inoi'c coin riiii'iilly attiMid school in an adjoiii- 
inii; district, tiaisli'cs aixi authorized to make a l)ar<j;ain lor that purpose. 
'Pliey should also take care that the scliool is kept in a luuise which 
wdl not he disappi'o\ed of hy the conuiiittee oi' the town. 

'I'j'ustees should ri'^ard the visitin<;' oC the schools as one of tlu' 
most im|)ortant ol' their duties, and which shouKl hy no means ho 
iU';j,K'cted. 

When a district is or^ani/.i-d and has trustees, they are to notify 
the annual and special district mi'eliiiMs, and if there he no district, 
school-housi', or |ilace appointed hy the district, thi-y are to li\ thc> 
])lace ol' meeting. If the trustees on application neidect to call a. 
meeliutf, tlu> school conunittee may call it. 

TiMistin's, I'oi- ri'l'nsal to dischar^t' an\ dul\', call a nu-etinn', assess a 
ta\, iVi'., i^c, are liahle to a |ienalty. And thesu|irenie court would 
prohahly, upon ap|)licatioM, cou)pel any si'hool olHcer, hy writ of man- 
damus, to dischari;'e any duty |)laiidy iu:])osiMl on him hy llu> law. 

'rrustei's should encourage niectui<j;s of tt'achers m tlu-ir nt'ii;hhor- 
]u)ods, lor nnilual iuiproxcuuMil. And il an\' teacher neolects or 
iH'I'uses to attend a teachers' institute, when oroani/id uiiiK-r pro|)er 
anspii'cs, and when he con\ (,'inentl\ can, it should he le^ardcd as a 
siijn ol" unlitness for the phu'c. No one is so well (pialilied, as not 
to he ahli- to learn from his lellows many useful hints as to methoils 
of tcachiui!;, hooks, &e., ant! lu) one should he unwilline; or too proud 
to leai'u. 

'I'rustees should see that, an inyentory »»f all the maps, ln)oks and 
other pi'opt'rty hidonainii; to the district, is made I'rom time to time, 
and prcseryi'd auioui;' the*]Kipt'rs oi' the district. 

.Kvei'y district shoulil possess a dictionary, to he kept as an ap|)end- 
atve to the school-house. Maps of the Stati-, the United States, ami 
ol the town (if there is one,) should Ih> procni'cd. 

The trustees should keep a ri'^idar act'ount of all moneys thev may 
receive from assessments or othei- sourci's. 

'rruslci's sh(udd ri'collei't that in order to ohtain from tlu' scluiol 
committee any oi'diM' for inone\ , tlu-y must lia\e made a proper retui'n 
from their ilistrict, for the year endino- on the lirst of May j)revions, 
and unist also fui'uish to the t'ctmmittiH* a cei-tificate that the '' te:u'h- 
ers' money," (that is, tlu- money which tlu* (listrict ri'i'ei\i'd from the 
town treasurer ;is their part of the State approju-iation,) lor the year 



Dis'i'iucrs. 



19 



t'ii(Iin<j; llu' first, of M:iy |)r(Mi()us, Ii:ul Wvn applied to \\\c wnj^cs of 
tc'iU'lu'i's, and for no oiIut piii-poso w liatcvor. 

The I'otuni of tlie disti-ict, slionid incdudc tlu; -whole time durln<2; 
which any portion of tho pnl)Hc money has been used to sn[)[)ort tho 
school. 

For further particulars, see the law. See also the forms. 



DlS'l'iaCTS. 

In order to he cliij;il)le to any district oilice, a person must j)osse9.s 
till! (pialilicatioiis of a \()ter ; and any voter may be; elected to any 
district oilice. 

It is snilicieut if the person elected have the (pialilications of a voter 
at the time of his election. lie will not afterwards lose the olHcii 
by iosiuij; his (pialilication to vote. 

To enable a j)erson to vote in district meeiino-, he must resitle in 
tho district and ])ossess the (pialilications requisite to entitle him to 
have his name put upon the votini;' list ol' the town ; but his name 
need not actually be upon the list. 

MeetitKjH. — As to notilyinij; meetin<j;s, sec; chap. (12, sec. (I. AVlien 
met, tho district must or^ani/A^ by cho()sin<;' a moderator and clerk. 
Th(! moderator need not be eniiaiied. 'I'lie clerk may be enffa}Tr3d 
in opi'U meeting' hy tin; moderator, and the clerk may then en<jja£;o 
all other district ollicers, and his record will be evitk-nce of his own 
and their en^ai;em(Mits. JM'ery district meetinjj; may choose a moil- 
erator, who will preside at the nuH'tiiin- and any adjournments of it. 
]iut the clerk is an animal ollicer. When met they may vote to 
dcNolve the cai'e of tlu' district school on tho scdiool connnittee, or 
may apj)oint one or ihi'in^ trustees to manan;e it. If tlu'y fail to 
appoint ollicers at their aimual mt'efiuii;, they may appoint thoin 
afterwai'ds, and may fill vacancies at any time. 

If the moderator refuses to put (piestioiis to vote, or he or any 
other district olHcer violates the law, he is liable to |)ay a line. 

The annual distiict meetin<j; is to \)o in March, April or May, but 
special meetinu;s may be called by the trnstei's at any time. 

Inhabitants of districts may be witnesses in all cases, and so may 
prov(; (if disputed) the le<2;ality of the notice and meetinj^;, and the 
clerk's record that the meetiiii;- has been duly notilicMl, will be prima 
facie, evidence of tin; fact. 

Vacancies may happen from a variety of causes. A resi<j;naliou 
need not be in writin;^. 'I'he person resin-niiiu; should oive informa- 
tion of it to tlio person or corporation authoiized to liU tho vacancy. 



20 REMARKS. 

At all district meetings a reasonable time should be allowed for the 
people to assemble. And if in the course of proceeding, any legal 
vote is rejected, or any illegal vote is received by the moderator, 
by which the result is affected, an appeal may be taken to the com- 
missioner for redress. 

Districts may fix a rate of tuition to be ])aid by the parents towards 
the support of the school, (provided said rate be approved by the 
school committee.) But no scholar can be excluded from the school 
on account of the inability of his parents to pay the rate. 

Or, the district may authorize the trustees to fix the rate or 
assessment. And either district or trustees must exempt such as they 
consider unable to pay the assessment. And to guard against any 
abuse of this power, if a person is assessed for a rate who is unable 
to i)ay, he may a])i)ly to any justice of the peace and be discharged 
on taking the poor debtor's oath, without waiting to be committed to 
jail. A liberal discretion should be used in exempting poor parents 
from the rate. Few will claim an exemption in such a case unless 
there is real inability. 

Quorum of District 3Ieetings. — It has been repeatedly decided in 
the courts of England and this country, that at common law, where 
there is no statute provision, when a meeting of a corporation, con- 
sisting of an uidefinite number of persons, (as towns, districts, &c.,) 
is properly notified, no particular number is requisite to form a quo- 
rum, but a majority of those present may act. 

To require a majority of the voters of the district, would in many 
cases prevent the doing of any business at all. And to fix any par- 
ticular number would be difficult, because there are some districts 
where this number would be more than the whole number of voters. 
The law has therefore required the notice of the meeting to be given 
M'ith great particularity, and then presumes that every voter who does 
not attend, assents to what is done by those present. 

At the same time, it will not be advisable to proceed in any matter 
of importance, such as laying a tax, &c., unless a respectable number 
of voters attend. 

Reconsideration. — A district may reconsider and rescind any vote 
at any time before any contract has been made under it. But after 
a contract has been made, or an individual has incurred any expense 
or liabilities in consequf^nce of a vote of the district, they cannot with 
justice rescind it. And if rescinded, they will- be held liable to make 
good all damages and losses incurred. 

Taxation. — The districts have power to purchase, hire and repair 
cliool-houses, provide blackboards, maps, furniture, a clock or time- 



UNION OF DISTRICTS. 21 

piece, a school library, bell, record and account-books, mats, scrapers, 
water-piiils, and otlim^ n-jces^ary and us'fid appendages. The law 
gives them a general power to tax for school purposes. Tlie> may 
tax to pay rent of a hired house. They may also tax to repair a 
hired house, provided they have a valid lease of it for a definite period. 
And to guard against any abuse of this power, the tax must be 
approved by the school committee, and the plans for building and 
repairs must also be approved by the committee or commissioner. 
And in all cases of laying taxes, it Avould be better to specify the 
precise amount, or the precise rate of the tax. 

Money tq pay for fuel and tuition may be raised either by a tax on 
the property of the district or by an assessment on the parents of the 
scholars. But an assessment for this purpose must be authorized 
by the district, except that the trustees are authorized to raise a rate 
sufficient to keep a four months' school. And the votes must in all 
cases be approved by the school committee. 

[See the forms and notes, and especially the notes to the form of a 
vote for laying a tax.] 

Use of school-house for other purposes. — A school-house built or 
bought by taxation on the property of the district, should not be 
used for any other purpose than keeping a school, or for purposes 
directly connected with education, except by the general consent of 
the tax-paying voters. The law gives the district the power of rais- 
ing money by tax for no other purposes. To construe it otherwise, 
would be indirectly to give to the majority of a district the power to 
erect a meeting-house for themselves, .and to tax those of a different 
persuasion, who constituted the minority, to help build it. But where 
a school-house is given to the district or built by subscription, its use 
■will of course depend upon the terms of the donation or subscription. 

A district cannot vote to dissolve itself. Such a vote will be wholly 
null and void. It can be dissolved by the school committee alone. 



UNION OF DISTRICTS. 

There are three provisions made in the law for uniting districts. 
Any two districts may form a partial union for the purpose of sup- 
porting a higher, secondary or grammar school. This would not 
probably be found so convenient in practice as an entire union under 
the succeeding provisions. 

Any contiguous districts in adjoining towns may be united by 
the school committees, and adjoining districts in the same town 



97 



UKMAHKS. 



may (•()iis()Ii(l;if(> tlicinsclvcs. Wlu'ii united tlioy constitute a sino-le 
(lisli'icr, and their allinrs must he manai^ed in the same way as if 
()ri<:;inally one (hstr-ict. Tlicy may prescribe the moth' of notifyinn; 
their meetin:;s, lay taxes, &c. But they will he entitled to the same 
projiortion of public money they would receive if not united. 

DISTRICT CLERK. 

The ilistriet clerk should be enn;ajj:;ed by the modei'ator in open 

meetinn; and make a record of it. If not eivno'ed in open meetinni', 
>-> , ,-1 ,-^ 1 n' 

he should be cnoaned befon^ somt' oflicer mi-ntioned in chap. 71, sec. 
'2, and ha\n' a cerlilicatt^ of it, which it would be better to have made 
in the ilistriet record book. \Vlien ennao-cd, he may eno;ao;e all other 
district odicers, and should enter all such cases in his ri'cord hook. 

lie should make himself thoroughly ac(|uaintcd with all the j)ro- 
visions of the law rtdalini;- to district nu'etini;s, notices, &c., as upon 
his proceedings and proper manao'ement tlicii' legality will in many 
cases depend. 

When a trustet>, treasurer, itc., is (>lect(>d, the clerk should make 
out and si^n anil seal a. wai'rant or certilicale of his tdectiou, upon 
which he may be cu<;a<i;ed. [See foi'ms.J 

The clerk should, at 1 he recpu'st of anv person interested, record 
a motion which is neiratived, as well as a nu)tion jiasseil as in many 
cast's a jterson may be entitled to an appeal. And he should record 
the nuudier and names of llu* voters on riMpu'st. 

In the record of "very lueetiuij;, it would be well for the clerk to 
state how the meeting!; \\ as notilied, and when and by whom th(; 
notices were posted up. in many cases at souu* distance of time, it 
min'ht be important to know how tlu> meetiui;- was iu>tilicd, and the 
«'videnci' of it shoidd not be left io de|)end upon mere recollection. 
The record of the clerk is made pr una facie evidence that the meet- 
iuij; was legally notiiit'd, and inhal)iiants of the district can be admitted 
to j)rove the iu)tice. Uut it would be (.-asy and best to preserve one 
<)l'llu> oriiiiual notices themselves, esj)ecially when a tax is to be voted. 

It would be well also for the clerk, at the close of every meetini:;, 
to read aloud the miuutes lu> has uia(h> of the proccedin<2;s, so that 
any mistake may he I'orrected at tln' lime. 

The cK'rk is to pi'ocure a bound ix'cord book at the i^xpense of the 
district. For any wilful neglect or refusal tt) pi'rform any duty, he 
is liable to indictmeni, and the supreme court wouhl probably, u[)ou ■ 
application, compel him by writ of mandamus to perform any duty. 
[See (Vrrh; in the Index.] 



'I'RKASUKKK. COI.LIOCTO 15. I'KACI I KKS. 28 

DlSTKlCr 'IM{KASII15KH. 

Tt would 1)0 well for the treiisurer to luivc ;i certilicute of his elec- 
tion oi' wai'i'aiit [si'(^ form] and ho. enoao;i'd. We need not <2;ive bond 
unless re(|uired. l)iit if the dislriet i-i'(iuires him to i^ive hoiid, llie 
distriet slioiilil fix the .sum and approve of the suri'ty or sureties. 

His duties are vei'v simple : to keep the district's money, if they 
have! auv, pa>' it out to ordi-r, and keej) proper accounts oC it, and 
exhihit them to tiu) trustees or district when iXMpiired. 

DISi'IiKri' COLLKC'tOiJ. 

[Si'c Ihc J'oniis J'or callcfluKj hi.iw.ii anil nulcx.] if the (hstrict 
]'e(pni'es the colli'ctof to ii,iv(! bond, the district should (i\ the s\nn. 
And it would he W(dl also to ha\e the district approve of tlu^ surety 
or sureties. 

TKAC^IIICIJS. 

Every teacher is recnured to kee|) a register oC all the scholars 
atteiidin-;' the school, their sex, names, aoes, names of parents or 
_i2;uardians, the tinu- when they cMitei' and leave school, their daily 
attendance, and the dates when the school is visited hy ihe commis- 
sioner, connnitte(? or tiaisti'cs. l^'orms lor these rej^islers will he pro- 
])ared hy the con\missioner. He must also furnish the trustees or 
district with such ini'ormation as may he necessary to make the rt'turns 
recpiired hy the school committee. 

The teacher should inform the committee of the lime of commeiu;- 
ini;' and closing his school, in ord'.'r that, they may know when 
to visit it. 

It is impoi'tant: that, the register Ix; correctly kcjit, and the av(>rag(3 
rifihtly calculated, as upon that depends tlm amount of money tho 
district will rcceixc next year. 

To ascertain the a\-ei-an'e, |)lace ihe nuud)i'r of those who have 
attended each hall' day in a column under each otliei- successively, 
add lo^clhei-, and di\ide the sum h\' the nnml)er of half days the 
school has hecu kept. The restilt will he the averai;e to he reported. 
]n cas(! ihe school is kept Ioniser than the four months re(|iMred hy law, 
the conuuittee nuist use their discretion in lixiu;j; a rule for calculating' 
the averajie. It should he uniform in e;ich town. Wliei'e a sum- 
uiiM" term and a winter term arc; kept, and a dill'erenl set of scdiolars 
attend eacii term, tlu^ follouiu;^^ will pi'ohahly answei' : Calculate; the 
average for the first term ol" lour months, as helbre slated. 'I'hen 



24 KEMARKS. 

for tlie other term take the names of all those who did not attend the 
other term, caleulate the avei'age of their attendanee and add it to 
the first. 

A nniform rule should he adopted as to scholars helongino- to one 
district who attend school in another. 

When a district allows any of the children hcloncinc: to it to attend 
school in another district, and pays for them, it seems reasonable that 
the district which pays for them should be entitled to reckon them 
in making out its own average attendance. 

The teacher should conform to all regulations of the school com- 
mittee, in regard to hours, disci|)line, books, etc., as for any violation 
of them his cei'tihcate may be annulled, or he may be dismissed. He 
may, (if the school committee by regulation autliorize it,) suspend a 
scholar temporarily, until a hearii:g can be had before the committee, 
in which case he should immediately notify the committee. 

The teacher should assist the trustees by all the means in liis 
power, in making proper i-eports, as upon the accuracy and fulness 
of these reports may depend the success or failure of many provisions 
of the law, as well as the wisdom of future alterations of it. 

The law requires that the teacher should be qualified to teach 
certain branches. But he may teach other branches, and sliould 
endeavor to ([ualify hiuiself for teaching the higher branches. 

If the teacher has a proj)er sense of the importance of his position, 
and conducts himself accordingly, he will secui'e to iiimself the affec- 
tion and respect of the j)eo])le of his district, by exerting his utmost 
])owers to ])rom()te the moral and intellectual advancement, not only 
of his scholars, but of the community around him. The moral, 
influence he may exert by his example and instructions, can hardly 
be estimated. And he may, by encouraging lectures and literary 
meetings, aid in diffusing much nseful information. 

In regard to the use of the Bible in schools, two observations occur 
here. If the committee prescribe, or the teacher wishes to have the 
liible read in school, it should not be forced u])on any children wliose 
parents have any ol)jections whatever to its use. In most cases the 
teacher will have no diflicuby with the parents on this subject, if lie 
conducts with projier kindness and courtesy. In the next ])lace, no 
scholars should be set to read in the Bible at school, mitil they have 
learned to read with tolerable fluency. To use it as a text-book for 
the younger scholars, often has the effect of leading them to look upon 
it with the same sort of careless disregard, and sometimes dislike, with 
■which they regard their other school-books, instead of that respect 
and veneration with which this book of books should always be treated 
and spoken of. 



TEACHERS. 25 

There is another object, in the attainment of wliich teachers may 
materially aid. In almost every school, there will be pupils studying 
surveyino;. By encouraging these to survey the limits of the district, 
he mav not only give his scholars most valuable lessons in the prac- 
tice of the art, but by overseeing and ascertaining its correctness, 
may aid in procuring a good map of the towi: and State. These 
maps might be drawn on a scale of rods to an inch, and repre- 

sent the rivers, roads, principal buildings and farms, and any remark- 
able monuments and natural, features of the district. Copies could 
be sent to the school committee, who might put them together, and 
thus obtain a correct map of their township. 

Power to Piniish. — The teacher should endeavor to exercise an 
inspection over the conduct of his scholars at all times. But the 
power to [)unish for offences committed out of school is doubtful. 

In a case where a boy had committed a theft out of school, the 
teacher called him to account for it, and punished him for refusing 
to answer. The court ruled that the teacher had no right to punish 
him for refusing to confess a crime for which he might be punished 
at law. 

It has always been difficult to define the extent of the power of the 
teacher over his pu[)ils out of school. The sam'e difficulty has been 
met with in other states and countries. 

The following ' upon this subject is from an excellent French 
treatise upon education, by J. Willm, Inspector of the Academy at 
Strasbourg, (p. 176) : 

" The last question which presents itself is, how far teachers 
should pay attention to the conduct of pupils out of school, and espe- 
cially at the tune when they resort to it or return home. The road 
leading to school is truly a part of it, if we may so speak, as well as the 
play-ground. Consequently any disorders committed by the pupils 
on it, ought to be suppressed by the teacher. He ought especially to 
watch over them at their play, for the sake of discipline, as well as 
for that of education in general. Their games are, as has been said, 
of serious importance to him. The conduct of the pupils, when 
under the paternal roof, and everywhere but in the school or the road 
leading to it, escapes all the means of discii)line; but the" teacher ought 
not to be indifferent to that conduct, especially in the country ; he 
should carefully inquire concerning it, for the sake of moral educa- 
tion. For tile same reason, he will have to watch over his own 
conduct out of school, and avoid whatever mio;lit tend to diminish the 



26 liKMAKKS. 

respect his pupils owe to liini, aiul wliicli is the ehief condition of the 
success of his mission." 

The follovvino; remarks upon the same subject are from the tenth 
report of Hon. Horace Mann, hite secretary of the Board of Educa- 
tion in Massachusetts : 

" The (piestion is not without some ju-actical difficuUy, how tar the 
school committee and teachers may exercise aut]u)rity over school 
children, before the hour when the school begins, or after the hour 
when it closes, or outside of the school-house door or yard. 

" On the one liand, tliere is certainly some limit to the jurisdiction 
of the committee and teachers, out of school hours anil out of the 
school-house ; and on the otluu- hand, it is equally plain if their juris- 
di(;tion does not couunence until tlu; minute lor opening the school 
has arrived, nor until the i)iipil has ])assed within the door of the 
school-room, that all the authority left to them in regard to some of 
the most sacred objects lor which our schools were instituted, would 
be but of little avail. To what purpose would the teacher prohibit 
profane or obscene language avuong his scholars, within the school- 
room and during school hours, if they could indulge it with impunity, 
and to any extent of wantonness, as soon as the hour for dismissing the 
school should arrive V To what purj)T)se would he forbid (puu-relling 
and fighting anu>ng th(> scholars, at recess, if they could engage in 
single C()iid)at, or mai'shal themselves into hostile parties for a general 
encounter within the ])recincts of the school-house, within the next 
five minutes after the school-house should be closed? Ami to what 
purpose would he i-epress insolence to himself, if a scholar, as soon as 
he had passed the threshold, might shake his list in his teacher's face, 
and challenge him to personal combat ? 

"These considerations would seem to show that tliere must be a 
portion of time, both belbre the school conunences and after it has 
closed, and also a jjortion of space between the door of the school- 
house and that of the paternal mansion, where the jurisdiction of the 
parent on one side, and of the committee and teachers on the other, 
is concurrent. 

"Many of the school connnittees in this commonwealth have acted 
in accordance with these views, and have framed regulations for the 
government of tlu- scholars, both belore and after school lioui's, and 
while a'(»inii' to and returning; from the school. Th(3 same ])riu- 
ciple of necessity, by virtue of which this jurisdiction, out of school 
hours, and beyond school premises, is claimed, defines its extent and 



Ai'i'i; \i„s. liT 

iillixt's i(s liiiiil. It, is cliiimt'il liccniisi' llic fqcat, olijccts ul' (liscil»liii(' 

:ili(| of iiKU'al rulliii'i' u'oiiM III' I'l'tisl I'lili'il wiIIkuiI il. W'Ik'Ii iiuI 

CMHUIltiill, llici'd'nic, id iIk' ill lainiiK'iil ni' llicsc olijccis, il slnmld Im^ 
I'oi'hoi'lit'/' 

'riiiil till' IcaclitT iiia\' know llial tin- law has aiii|)h jiinvidcd I'lii- 
till' |)ni|i'cliiiii uC liis scIiodI aj^'aiiisl all \\liuiiia\ lie (lis|Misi'i| |(i(listiii'i> 
il, wc [iiililisli licic llic |ii(i\ isidii (if llic law: 

'' Mvci'V |H'rS(>ii wliii shall In' coinirlcd III' wilfiillN iiilrfi'iiptilin; or 
ilistui'hilljH' liny town or wanl nicrtino., any assi'inlil\ ol' |irii|i|t' nn't 
i'or n'li;j;i()HS uoishi|i, or any |>iililir or |iri\ali' srlniol, or an\ iii's'linn 
lawliilly anil |irarcaltly lndil I'lr |Hir|(os('s ol' lilrrars' or scifiiliHc 
iiniii'iivfiinail, riihcr williiii or willioiil llir [ilari- whcir siirh nicrlini;' 
or srhool IS hi'ld, shall In- nn|iri iiiicil nol cMTnlin!.' our \isir, or lined 
not rM't'i'diiiif li\i' liiiiidiril dollars." 

A »'oin|ilainl lor Ihis oH'cnrn mav hi' made lo ihr atlornrv "'nncral, 
or any jiisliri' ol' ihc jirarc 



AI'I'KALS. 

'I'lir law has wisoly |iiii\ iihal a rlira|i and idlirii-nl inodi^ ol" si-lllinj;' 
all di81»nlrs arising nndcr ihc srhool law. 1 1 w as inlriiihsl lo savo 
tlic i'Xpciisi- of lilivalion lo dislriiMs and individuals, and il is lirlii'vcd 
ihal il ha:, already had the ell'eet of fia\'ilin' a^'real e\|ieiiilil nre ol' 
money in ihi.s way, as well as tll'crliii"; a nioif s|ieeilv srltlcnieiil. of 
dillienllies, wdiieji, if eontiiiiied, wiiiild inlerrn|il the harnioiiv of the 
districts and injnre llii^ sehools. y\ n apjieal inav he taken to the eoni- 
nnssiojirr, |seelho l<'orins,| and he will In ar ihc |iarli(s wil lioiil eosi, 
iiiid hi.s decision is to he liiial. When i|neslioiiH ol" law ai'ise, |irovi- 
sion is made for laying"; them helore one of the judges ortlie Hii|)romn 
eoiirt, lull the jndiivs will not exiiniine or litar ihe |iailies njioii the 
lads ol t he easi'. 

Any |iartv iie<:;leelinn' lo :i|i|i(al rroin a vot<' to ta\, or assessment, 
ol" a. las, cannot i|neslion it arti'iwards, |iidvided tln' meeliiio- -wuh 
le<';all\ iiotilird, ami ihe la\ a|i|Hove(|, A'c. 

It has hecM Ni^tlled that, an a|i|ieal hrin<j!;s the whole i|nestion ii|i, 
tiiid that, the commissioner in many cases is nol conlined to conlinn- 
in<j; or I'l'versin^' t,|ic |>idccrdmi>s a|i|ieali(| rroin, Inil: may make a. new 
decision. 

All a|i|ii';d;, howrvrr, should he taken w it liin a reasonahle time, 
and helore aii\ etinlraet. is made, or hahihty incurred, under the voti^ 
or act, a|i|iealei| I'loin. 11 the ;i|i|ieal is not, made within such a rejison- 



28 KEMAHKS. 

able time, tliat circumstance alone will be a sutiicient reason for dis- 
niissino- it. And no appeal will be entertained unless made by the 
party aii^rieved. 

DEAF, niniB, IJI.IND, IDIOTS, AND INSANE. 

The sum appi'opriated for the deal' and dumb, blind and idiots, is 
two tliousand five hundred dollars annually, and the governor of the 
State is ap))ointed to distribute it. 

As there are a number of these in every town in the State, the 
school c(jmmittees and friends of education and humanity should look 
them nj) and see that they receive their proj)er share of the appro- 
priations. 

LIBRARIES. 

Towns and districts are authorized to maintain school libraries. 
In the oreater part or the towns library associations have been formed, 
and in some towns, several. These school libraries alone, now con- 
tain a great number of volumes, accessible to all. In all towns or 
neighborhoods where there are none, exertions should be made at 
once to obtain them. The commissioner will always be ready to aid 
in evei'v way in his power. 

A list of the school libraries already formed, may be seen in the 
Journal, vol. o, p. 428. For many of these the public are indebted 
to the exiM'tions of the hrst connnissioner, Mv. Barnard, aided by 
several public-spirited gentlemen in Providence. 

The following is the j)roper form for the t'onstitution of an associa- 
tion for establishing and maintaining a public library : 



EOKM OF INO()RIH)1JATION. 

We, the subscribers, agree to ass(X'iate and incorporate ourselves 

for the purpose of maintaining a ind)lic lil)rarv, by the name of the 

under the pro\isious contain(Ml for that purpose in the Revised 

Statutes, ])assed at the January session of the general assembly, A. D. 

1857, and to be governed by the following constitution : 

Akticle 1. This association shall be called the . The library 
shall be established and maintained at such jilace or ])laces within the 
town of as the directors may from time to time appoint. 



I.IUKAKTKS. 29 

2. The officers of the nssocialioii shall he n, ))i'esident, vice presi- 
dent, secretary, treasurer, and lihrariaii, who shall constitute a board 
of directors lor the niana<iement of the business of the association, 
accordinn; to such rules as tlie association may from time to time 
adopt. 

o. The annual meetintj; shall be held at on and any officer 

shall be elected by ballot il' demanded by any members, [The 

treasurer and librarian shall give bonds to the corporation in the sum 
of each, with security to tlie satisfaction of tlie president for tlie 

faithful discharge of their duties.] 

4. Any inember, ibr disordei'ly or immoral conduct, may be ex- 
pelled, and any officer, for misconduct, may be removed at any regu- 
larly notified meeting of the society. 

5. The directors may make all such regulations as they may deem 
proper for the government of the library, and prescribe fines for non- 
com])liance, and may, in any case of misuse of books, pi'ohibit any 
])ers()n from using the library until satisfaction is made. 

G. The library siiall be lu'ld by the association, not in shares for 
the benefit of shareholders, but in trust for the ])ublic benefit; to be 
open to all who shall comply with such reasonable rules as shall from 
time to time be made by the association or directors ; and for the 
purpose of continuing the existence of the corporation, the association 
will from time to time elect as members such persons as they shall 
think most likely to cooperate zealously in promoting its objects. No 
member shall be admitted unless ])roposed at a previous meeting. 

[Note to Art. G. — This soction will answer for all cases whtire the library is 
established by donations, and is intondod to bo for the benefit of tho Avliolo public. 
And this is undoubtedly the best plan for getting up such libraries. In this case, 
the corporation might be named " Tho Trustees of tho Library." 

But if tho library is intondod to be owned in shares, and for tho benefit of tho 
shareholders, this article should be altered accordingly. They will then have the 
power to assess tho shai-es and to sell them for non-payment of assessments. In this 
case, tho shareholders will bo the members and compose the corporation. Tho law 
provides how the shares may bo transferred.] 

7. This constitution may be amended at any annual meeting, pro- 
vided notice of the intended amendment has been given at some 
previous meeting. The secretary shall cause this constitution and all 
alterations thereof to be recorded in the records of land evidence of 
the town of as the law requires. 



30 REMARKS. 

The above are all the provisions necessary to be inserted in the 
constitution. All other provisions liad better be made in the shape 
of rules or regulations, which mioht be altered from time to time 
with less trouble. 

Whenever it is intended to establish a permanent library, it will 
always be most jirudent to be incorporated as above. If a library is 
owned by several persons unincorporated, it will be liable to division, 
and each one's interest liable to attachment. In a corporation, the 
share only could be attached, and where the corporation hold the 
library merely as trustees, (as provided in Art. (3, above,) no individ- 
ual would have anv attachable interest whatever. 



FORMS. 



These forms liave been drawn out in order to assist those who 
may be disposed to undertake any office or duty under the school 
laws, to save them expense and trouble, and to bring about a uniform- 
ity of practice, as far as can be done. These forms are not prescribed 
by law, but are believed to conform substantially to the law, and to 
be safe precedents. 

1. Warra7it or Certificate of Electioyi of School Officers. 

To of fi-reetino; : 

This certifies that you, the said were at a [town or district] 

meeting, held on the day of a. d. 18 chosen to the office 

of of [the town or district No. ] and are by virtue of said 

appointment fully authorized and empowered to discharge all the 
duties of said office, and to exercise all the powers thereto belonging, 
according to law. 

[l. s.] Witness my hand, and the seal of said [town or district] 
hereto affixed by me, this day of a. d. 18 



2. Engagement of School Officers. 

Town of A. D. 18 

Before the subscriber personally appeared and took an oath 

to sup^:)ort the constitution of the United States, the constitution and 
laws of this State, and faithfully to discharge the duties of the office 
of school committee [or clerk, trustee, treasurer of school district 
No. as the case may be] so long as he continues therein. 

A B, Justice of the Peace, 

or Notary, as the case may be. 



32 FORMS. 

3. Certificate to a Teacher from a Committee. 

The school committee of the town of hereby certify that 

A B, of is qualified to teach in the public schools in said town, 

according to the provisions of the acts relating to public schools. 
This certificate is to be valid within said town for one year from the 
date thereof, unless previously annulled by the school committee or 
some superior authority. 

In behalf of the school committee of said town. 

Date. Chairman or Clerk. 



4. Forin for Annulling a Certificate. 

To the trustees of school districts in the town of and all others 

it may concern : 

Whereas, the school committee of this town did, on the • day 

of A. D. 18 issue to of a certificate of qualification as 

a teacher in the public schools : Now know ye, that upon further 
examination, inve^^tigation and trial, the said has been found 

deficient and unqualified, [or the said has refused to conform to 

the regulations made by the committee, as the case may be,] and we 
do therefore, by the authority given us by law, declare the said cer- 
tificate to be annulled and void from this date, of which all persons 
whose duty it is to employ teachers of public schools, are hereby 
requested to take notice. 

By order and in behalf of the school commitee of the town of 

Date. ' Chairman or Clerk. 

Note.- — If a complaint is made against a teach(?r, it will lie imperative that ho 
shall be notified before a decision on his case. And notice of the annulling should 
be immediately given to the trustees of the district, and generally, in order to pre- 
vent his being again emploj^ed. 



5. Memorandum of a Contract ivith a Teacher. 

This agreement, made this day of a. d. 18 between 

A. B, &c., [trustee, school committee or agent appointed by the 
school committee, as the case may be, J of on the one part, and 

X Y, of on the other part, witnesses, that the said X Y hereby 

agrees to teach, for the compensation herein mentioned, a district 
school in and for said district, at [specify the building, if desired,] 



FORMS. 33 

for the term of months' [or weeks] commencing and ending 

and the said X Y further engages to exert the utmost of his 
abihty in conducting said school, and improving the education and 
morals of the scholars ; to keep such registers and make such returns 
to the trustees and to the school committee as may be required of 
him, and in all respects to conform to all such regulations for the 
government of said school as may be made by the school committee of 
said town, and to the provisions of the laws regulating public schools. 
And in case the certificate of qualification of said X Y should be 
annulled, or if he shall not keep the register and make return, as 
aforesaid, or should violate such regulations as aforesaid, this agree- 
ment from thenceforth shall be of no effect. And the said [commit- 
tee, trustee, or agent] agree to pay the said X Y therefor at the rate 
of per month, [or per week] to be paid at the end of each month 

[or the term] out of the school money by law apportioned to said 
district, and the legal assessments which may be made, and in no 
event out of the private property of the contractor. And it is fur- 
ther agreed, that the possession of the school-house and its appurte- 
nances shall at all times be considered as being in the trustees [or 
school committee or agent.] 

[l. s.] Witness our hands and seals hereto, the day first above 

mentioned. 

Sealed and executed in presence of 



6. Notice of the First Bleeting of a District. 

Notice is hereby given that there will be a meeting of the legal 
voters of School District No. in the town of at the school- 

house in said district, [if no school-house, then the school committee 
must appoint a place] at o'clock in the noon, on the 

day of A. D. 18 for the purpose of organizing said dis- 

trict, of electing officers for said district for the ensuing year, or for 
the purpose of considering the expediency of building [or repairing] 
the school-house in said district, and laying a tax on the ratable 
property of the district therefor, [as the case may be] and of trans- 
acting any other business which may lawfully come before said 
meeting. 

By order and in behalf of the school committee of said town. 

Date. Chairman, or Clerk. 



34 FORMS. 



Note — Soo tho provisions of tlio law iis to notice. As to whoro tho n'otico shall 
bo posted \ip, seo the law. All notices must ho put up five days, including the day 
of posting u]) the notice and tho day of the meeting. And cfiro should ho taken to 
preserve evidence tliat tlu^ nujciting was in-oporly notilied. 



7. Notice of Annual District MeeAing. 

Notice is licreLy o;iv(Mi to the Ico-il voters of" School District No. 
of" the town of" tiiat tht- aiiiiual meetino; of said district, f"()r tlie 

clioice of" oihcers and the transaction of any other hnsiness which may 
lawfnily come before said meeting, will be held on the day 

of of A. D. 18 at o'clock in the noon, at 

Date. Trustee or Trustees, 

Note. — A spcx'ial meeting may ho culled by like form, except that tho object of all 
special meetings must ho stated. 



8. Application to Trustees for a Special Meeting. 

To A 1), &c., trustee or trustees of School District No. 

The subscribers respectfully request that you would call a meeting 
of the legal voters of School District No. as soon as the legal 

notice therefor can conveniently be given, for the j)urpose of lixing 
the rate of tuition to be paid by the parents, guardians or employers 
of children attending school — of taking measures to establish a school 
library — of considering the propi'iety of bnilding, repairing or remov- 
ing a district school-house — or of raising money by a tax on the 
ratable estates of the district for the purpose of, &c., [as the case 
may be,] 

To be signed by at least five nersons qualified to vote. 
Date. 



9. Commencement of District Records. 

For first meeting. — At a meeting of the legal voters of School 
District No. of the town of called by the school committee of 

said town, and notified according to law, [here in some cases it may 
be advisable to state particularly now the notice was given,] and held 
according to notice at tiu' district school-house, on the day of 

A. 11. 18 at o'clock in the noon. 



FORMS. 35 

For annual meeting. — At the annual meeting of the legal voters of 
School District No. of the town of notified by the trustees of 

said district according to law, [in some cases specify as above,] and 
held according to notice at the district scliool-house, [or as may be] 
on the day of a. d. 18 at o'clock in the noon. 

For special meeting. — At a meeting of tlie legal voters of School 
District No. of the town of held (in pursuance of an an aj)pli- 

cation to the trustees) at on and which meeting -vvas duly 

notified by the trustees as the law requires. 

For adjourned meeting. — At a meeting of the legal voters of School 
District No. of the town of held according to adjournment, 

at on 



10. Form for Choosing Officers, ^c. 

The following named persons were chosen to the offices set against 
their respective names, viz.: 

C D, Clerk, &c. . A B, Moderator. 

Or, instead of above, say — 

Voted, that A B, be appointed moderator of this meeting. 

Voted, that C D, be a})j)ointed clerk, [or trustee, treasurer, &c.,] 
of this district, [in place of O P, resigned, &c., if such be the case,] 
to hold his office until the next annual meetino-, and until his sncces- 
sir is appointed. 

The clerk then, in presence of the meeting, took the oath in the 
form prescribed in chapter 71, section 2, of the Revised Statutes, 
administered by E F, Esq., justice of the peace, or [public notary, 
moderator, senator, judge, or town clerk.] 

It was moved by A B, and seconded by C D, that and after 

discussion the question Avas put and the motion was rejected, or 
adopted. 

Voted, that the trustee [or trustees] of the district be authorized 
to fix such a rate of tuition or assessment, for the purpose of support- 
ing the public school in this district, the ensuing year, as they may 
deem necessary, subject to the conditions of chapter 61, sections 
3 and 4. 



11. Vote of a District, prescribing 3Iode of Notifying Meetings. 

Whereas, each school district has by law the power to prescribe 
the m,anner of notifj^iug all future district meetings, — 



i 

36 FORMS. 

Voted, that hereafter all such meetings shall be notified by posting 
up the notices signed by the proper officers and for the time specified 
by law, at the following places Avithin this district, namely, on the 
sion-post of the tavern, now occupied by A B, on the door of the 
school-house, court-house, grist-mill, or in some conspicuous place 
in the shop or store now kept by L M, &c., [as the district may 
decide.] 

j^OTE. — Experience shows that notices put up in the inside of a house, in a bar- 
room, shop, &c., are very seldom attended to, especially if they he in writing, not 
printed. A sign-post, a large tree, close by the travelled part of the road, the railing 
of a bridge, the outside of a door, &c., are the places where they would be most likely 
to bo seen. In some cases where there is a mill, store, &c., out of the district, to 
which the people of the district often resort, it would be well to put up a notice 
there, in addition to the notices within the district. 

But the power to prescribe the mode of notice does not authorize a district to dis- 
pense with notice, or to prescribe a less nvimber of days than five. 



12. Vote of District to devolve care of School on School Committee. 

Voted, (if the school committee of this town consent thereto and 
accept thereof,) that all the powers and duties of this district, and 
the trustees thereof, relating to keeping public schools in this district 
be, and they are hereby devolved on said school committee, until this 
district shall choose a new trustee or trustees, or shall otherwise 
legally direct. 

•Note. — A copy of this vote, with a proper heading, "At a meeting of," &c., attested 
by the clerk, should be furnished to the committee. 



13. Vote of District to Build School-house. 

Voted, that a school-house be erected at or upon for the use 

of the public schools in this district, and that be a committee to 

cause the same to be erected, the said committee first procuring the 
plans and specifications for the building, to be approved by the com- 
missioner of {)ublic schools, or by the committee of the town, accord- 
ing to law, and that the said shall have full power, in the name 
and behalf of the district, to sign, seal and execute any contracts 
which may be necessary to carry out this vote, to superintend the 
execution of said contracts, and to do any other matter or thing which 
may be necessary to carry out this vote. 

Note. — The location, (unless before made,) must be made by the school com- 
mittee. 



FOKMS. 



37 



14. Form of a Contract to Build Sehool-Jiouse. 

Articles of agreement made and executed on the day ot 

A, D. 18 between A B, of on the one part, and School 

District No. of the town of county of State of 

on the other part. 

The said A B, for himself, his heirs, executors and administrators, 
doth hereby covenant and agree with the school district and their 
assigns,, that he, the said A B, his heirs, executors and administrators, 
for the considerations herein expressed, shall, and will, within the 
space of months from the date heVeof, erect, build, and com- 

pletely cover over and finish upon, [here describe the lot,] and upon 
such spot in said lot as said school district or their proper officers may 
direct, a house, out-buildings and fences, for the purpose of a district 
school-house and apjjendages, according to plans, elevation and speci- 
fication more particularly expressed in a schedule hereto attached and 
signed by said parties, and whicli is hereby made part and parcel of 
this agreement ; and also shall and v/ill perform and execute all the 
works mentioned in the said schedule, and in the manner therein 
mentioned, and within the time aforesaid; and also shall and will 
furnish and pwvide at his own charge, good and sufficient materials 
of the sorts and quality expressed in said schedule, and all such other 
materials as may be necessary for the erecting and fully completing 
the house, out-houses and fences aforesaid, according to the plans and 
specifications aforesaid. 

And it is further agreed between said parties, that if the said A B, 
his heirs, executors or administrators, shall not within the space of 
time above mentioned finish and complete all said works as aforesaid, 
then said school district, or their agent, may go on and complete said 
Avorks, at the cost and charge of the said A B, his heirs, executors 
and administrators, and may deduct the same from the compensation 
herein agreed to be paid for said buildings and works ; and the said 
A B, his heirs, executors and administrators, shall also be liable for 
any other damages incurred by said district by said failure, and shall 
also be liable to 'said district for any damages incurred by any other 
unreasonable delay in completing the works aforesaid. 

And the said school district doth hereby covenant and agree with 
the said A B, his heirs, executors, administrators and assigns, that 
upon the comjiletion of said works as aforesaid, the said school district 
shall and will pay to the said A B, his executors, administrators or 
assigns, on or before the day of a. d. 18 the sum of 



38 FORMS. 

dollars, as full compensation for his services in building and complet- 
ing said works. 

And it is further agreed, that if said school district or their agents 
shall direct any any more work to be done upon or around said build- 
ings than is hereinbefore agreed, the said district shall pay the expense 
thereof, in addition to the compensation aforesaid. And if said dis- 
trict, or their agents shall direct to omit or diminish anj' part. of the 
work hereinbefore agreed to be done and expressed in said schedule, 
then there shall be deducted from said compensation, a reasonable 
sum, according to the proportion said work omitted may bear to the 
work herein first agreed to be done. And said district, or their 
proper agents, shall have ^ right to direct any additions or omissions 
as aforesaid, and the i)arty of the other part shall be bound to comply 
with and perform the said directions. 

l^Clause to refer to arbitration.'] 

And lastly, it is hereby agreed between the parties aforesaid, that 
if any dispute shall happen between the said district or its agents, and 
the said A B, his heirs, executors, administrators or assigns, in rela- 
tion to the buildings herein agreed to be erected, work to be done, 
the payment of the money, or concerning the value and expense of 
any work directcMl to be added or omitted as hereinbefore mentioned, 
or concerning any other matter or thing whatever, relating to the 
construction of this agreement, or the amount of any damages claimed 
by either party, under its provisions, or for any alleged violation 
thereof, then in such case such dispute shall, upon the demand of 
either party, be left to the award and determination of three indif- 
ferent persons, one to be appointed in writing by each of said parties, 
immediately thereafter, and a third to be appointed in writing by the 
two persons so first named. And the said parties hereby covenant 
and agree with each other, that they will severally abide by, ])erfbrm 
and keep the award and determination of the said three persons, or 
any two of them, touching said disj)ntes, i^rovided said award be made 
under the hands and seals of said arbitrators, or any two of tiiem, 
within from the time of said reference. 

In testimony wliereof, the said A B hath hereto 'set his hand and 
seal, and said district have hereto affixed their seal, by the hands 
of duly authorized for that purpose, who hath [or have] 

hereto also set their own hands. 

Sealed and delivered in })resence of [l. s.] 

A Ji. 
Names of committee or agents. [l. s.] 



KOUMS. 39 

NoTK. — 11' llio diHii'ic.t; wislioH a mii'dy I'lii- i]\r. pci'ldriiiiuKM^ (if a cdiilriicl, ol' A 1>, 
it may bo taken by a Loud, ooiiditioiiod I'or tho piirfonnauuo 1)y A l\, ol' tlm oovo- 
nants and agroomonts in an instruiriont dalod [and thou Lriody doscribo it.] 



15. Vote of Dldrict to Tax. 

At the annual mcH>tiii<r of the lec;al voters of School Dislilct No. 
ot* the town ol" licld at on accordino; to K'^al notice 

issued and sifrncd by and posted \\\) at lor the live days 

])i'evigus re(|uired by law, [or, at a special meetiiijj; of, Siv.., called 
by, ^v..\ 

Whereas, this district lias voted to build a school-house in and for 
said district, [or to repair the district scdiool-house, J 

Voted, that for llu- |)urposo of defrayini!; the expense there()f, a, tax: 
of the sum of dollars bo assessed upon, levied and collected IVoni 

tl^c ratable j)ro[)erty in this district, in manner j)rovided by law, the 
school committee of the town having approved of the amount of tax 
before mentioned for the purpose aforesaid, and that the assessment 
be made according to the estimate, apportionment and value afKxed 
to said ratable property in the last assessment ami tax bill made out 
by the town assessors, [or, accoi'ding to the estimate, apportiomnent 
and value wliicli shall be allixed to said I'atable estates in the assess- 
ment and tax bill ol' this town which shall next Ix; completed after 
the date of this vote.] 

NoTK. — In oann of layin;^ ri, tax, if. '\n iiii|Kii (ant, that llio notico of tlio iiKiotiiiy 
Hliniild 1)0 lo^-ally ^'ivon, and tliat (ividcnco ol' lliii ndtir.ii nliould lio proMorvod. 

All taxes must be voted and (;ollected according to tlii; pi'esent 
school act, all the former town and local acts being repealed, and it 
is best that every tax should be voted by specific sum and not by so 
much per cent. 

On laying a tax, or on any question relating to tlie expenditure of 
money, those only are entitled to vote who shall have ])aid or are 
liable to pay taxes. 

Jf tlu! district vote to have their tax assessed according to tlu; lant 
town valuation, the trustee or trustees will innnediately ])roceed to 
make out the tax bill accordingly. If tlun'o are any complai/its 
of wrong valuation, It would be well foi* iIk; district to ])ostpone the 
tax until the next town assessment Is completed, to give the j)arties 
an o])portunity to be heard before the town assessors. 



40 FORMS. 

If any property within the district is assessed to any person, to- 
gether with property out of tlie district, so that there is no separate 
valuation of that portion which may lie within the district lines, and 
in the other cases referred to in chap. ()4, sec. 2, the trustees should 
apply in wi'iting to one or more of the town assessors, living out of 
tlie district, stating the names of the parties so situated ; and the 
assessor will immediately issue a notice, and at the expiration of the 
ten days, proceed to decide and apportion the valuation. The asses- 
sor should ccrtity the i'aets upon the tax bill when made out. As the 
assessor is called upon to act in these cases solely upon business of 
the district, his fees shoidd be paid by the district. The* trustees 
should se6 that the assessor has taken his engagement before he acts 
in the cnse. 

Persons must be taxed for personal proj)erty according to their 
residence when llie assessment is made. The general rule as to tax- 
ation is, that personal projierty shall be taxed to the owner where he 
resides, and I'eal estate where it lies. A few exceptions from this 
rule, made by statute, are hereafter referred to. 

II* any ]>ropei'ty has changed owners since the last town valuation, 
it of course nuist be assessed to the actual owners at the time the 
school-tax bill is made out. This is the reasonable construction of 
the law. 

The following is an abstract of the existing tax laws of the State ; 
but a collector, before proceeding to act, should always inquire if they 
have been altered or amended : 

In assessing a tax, real and personal estate must be valued sepai'ate- 
ly, and ])ut in se]Kirate cohnnns, and the assessors must distinguish 
those who give in a list. They may assess it either to the owner or 
occupant. It should not be assessed against a person deceased. If 
the last town assessment is defective in any legal requisites, the dis- 
trict may vote to go by the next assessment, and in the niean time 
endeavor to have them remedied. 

Meeting-houses, school-houses, academies and colleges, the land on 
which they stand, and burial-grounds, are exempted from taxation. 
Buildings on leased land are to be deemed real estate. The custom- 
houses in Newport and Providence are exempt. No poll-tax can be 
laid for any purpose. It has been decided in Massachusetts, that a 
person residing on land ceded to the United States, and where the 
State has only reserved a right of serving process, is not taxable. 
(8 Mass. Rep. 72; 1 Metcalf, Reii. 680.) Machinery in cotton and 
woolen factories is to be taxed in the towns where located, in the 
same manner as if the owner resided there. 



FORMS. 



41 



Personal property in trust, the income of wliich is to be paid by 
some other person, must be assessed to tlie trustee in the town where 
such otlier person resides, if in the State, but if such person Hves out 
of the State, then k is to be taxed where the trustee, executor, &c., 
resides. 

Personal property in the hands of executors, guardians, &c., is to 
be taxed to them in the town where the deceased dwelt or the ward 



Collection of Taxes. — The mode of distraining and selling personal 
property is pointed out in the revised statutes. The mode of notify- 
ing and selling land for taxes is also prescribed by law\ If he find 
no real or personal estate, he may commit the body. If a person is 
taxed for more than one parcel of land, the wliole tax may be col- 
lected out of any one jjarcel. If real estate is assessed to the tenant, 
the tenant's own real and personal estate is liable to be taken for the 
tax, and if that c-annot be found, the land in his occu])ation is liable. 
A tax warrant remains in force until the whole tax is collected. The 
collector's fees are to be paid out of the district treasury', and will be 
five per cent., unless he makes a different agreement with the dis- 
trict. If the collector dies or resigns, the new collector will have 
power to complete the collection. Tlie oath of the collector is ad- 
mitted to prove a demand. Any district may offer a deduction to 
those who pay in time, or impose a percentage on those who do not. 

Any person committed to jail for a tax, rate or assessment, may 
swear out in the same manner as if he was committed for town taxes. 
And any ))erson assessed for tuition may take the poor debtor's oath 
before being counnitted. 

The utnform, arms, amnuuiition and eqni])ments of an officer or 
jirivate in the militia, cannot be disti'ained for taxes. And house- 
hold furniture, family stores, tools, &c., are in some cases protected 
from distress. 

Owners of real estate or buildings sold for taxes, may redeem 
within six months after sale, on paying to the purchaser the amount 
paid therefor, with twenty per cent, in addition. 

By the new school act, the trustees are to assess the taxes (except 
in the cases where an assessor is to bo called on) and the trustees 
issue the warrants immediately to the collector. And the district 
may vote to have it collected by the town collector. Any person 
neglecting to appear before the assessor after notice given, has no 
remedy. Any tax or assessment not appealed from cannot be ques- 
tioned in court afterwards. Provision is made for correcting errors 

6 



42 FORMS. 



and reassessing a tax. As to cases of persons affected by a change 
of boundaries of a district, see tax in the index. 



16. Form of a Tax Bill. 

Assessment of the taxes upon tlie ratable estates in School District 

No. of the town, &c., made by the trustees thereof, according to 

law, this day of a. d. 18 for the purpose of raising the 

sum of dollars, according to a vote of said district, passed on the 

day of A. D. 18 



Names. Real. 



Personal. 



Total. 



Tax. 



Note. — The trustees should sign the tax bill. If the town assessors are applied 
to, it would be well to have them make their certificate at the foot of the tax bill, 
and sia-n it. 



17. District Treasurer s Bond. 

Know all men, that we, A B, of county of and State 

of Rhode Island and Providence Plantations, as principal, and C D, 
of county of and State aforesaid, as surety, [surety or sure- 

ties to the satisfaction of the district,] are firmly held and bound unto 
the School District No. of the *own of and State aforesaid, 

in the full sum of [to be fixed by the district] to be paid to the said 
school district, or their assigns, to which we hereby jointly and sev- 
erally bind ourselves, our several and respective heirs, executors and 
administrators. 

Sealed and dated the day of a. d. 18 

The condition of the foregoing obligation is, that whereas the said 
A B was, at a meeting of said school district, holden ajtpointed 

treasurer of said district. Now, if he shall faithfully discharge the 
duties of said office during his continuance therein, and at the expira- 
tion of his office he or his executors or administrators shall exhibit a 
true account, if required, and deliver over to his successor, or the 
order of the district, all books, papers and moneys belonging to the 
district, in his hands, then the above obligation is to be void, other- 
wise to remain in force. 

Executed in presence of [l. s.] 

[L.S.J 



FORMS. • 43 

Note. — It may he advisable for the treasurer to receive a formal certificate of 
appointment, or warrant, and then his engagement can be indorsed upon it. The 
above bond need not be given unless the district require it. 



18. District Collector's Bond. 

Know all men, that we, A B, of State of Rhode Island and 
Providence Plantations, as principal, and C D, of as snrety, are 
firmly held and bound unto E F, of treasurer of School District 

No. in the town of and State aforesaid, in the full sum of 

[to be fixed by tlie distric^t, not exceeding double the tax] to be paid 
to said . his successors in said office, or assigns, to which we jointly 
bind ourselves, our several and respective heirs, executors and admin- 
istrators. 

Sealed and dated this day of a. d. 18 

The condition of this obligation is, that whereas the said A B was, 
at a meeting of the legal voters of School District No. of the 

town of appointed collector of the rates and taxes assessed and to 
be assessed in, by, and upon said district, and the said A B has 
accepted said office ; and whereas said district on the day of ^ 

A. D. 18 voted that a tax of be assessed on all the ratable 

property i'n said district, for the purpose of and said tax 

has been legally assessed, and the trustee of said district hath issued 
his warrant to said collector, with said rate bill annexed, for the col- 
lection of said tax, the receipt of which said rate bill and warrant is 
hereby acknowledged, and by which said warrant, said tax is to be 
collected and paid over, on or before the day of a. d. 18 
Now if the said A B shall faithfully perform and discharge said office 
and trust, and with diligence and fidelity, levy and collect, as far as 
may be done, all the taxes that have been, or may be so committed 
to him for collection, during his continuance in office, and he, his heirs, 
executors or administrators shall at all times on proper demand, ren- 
der an account and pay over all the proceeds of such collections to 
the treasurer of said district, or his successors in office, according to 
the directions contained in the warrants for their collection, then this 
obhgation is to be void, otherwise to remain in force. 

Executed in presence of [l. s.] 

[L. S.] 

Note. — The collector need not give bond, unless required. 



44 



I!). Wdiriiiil Id cullccf <t 7'a.r 



To A 15, Cdllcrlor (if l;i\( s (if Scliool DIslricI No. of IIk' lowil 

(,r coMiilyor :ili(l Sl.ilr of IvMiod^ Isliiiid Mild I'lov idclict! 

ri;iiil:itioiis : (J i( i;i;i I N(;. 

^'oll, liMviiii;' l;(M'ii ;i|)|)oiiil<'<l collcclor of l;i\cs Cor s;iid district, ;u'(! 
Iici'chy, ill the liiiinc of s.-iid Sl.itr, :iiil lioi l/,cd ;iiid {•(•(|iiiici| to proceed 
:illd collect tlie l;i\ S|icciliei| in the :illlieNe(| rule |)il|, ;iccordiliL;' to l;i\V, 
:iiid to |);iv the s;ime to tli<' t rcMsiirer oi" the district, or to his siicces- 
s<»r ill ollice ; Mild lor so (loiii;j; this sIimII \n\ your siillicieiil WMrrMiil. 
(Ji\'eii under my IimihI mimI scmI, nt this (L'ly of a. d. IS 

(!. I). ■ |i,.s.| 

'rriisi<'e of s;iid Scho(»l i)istrict. 

NoTi;. 'I'in- idlliMlnr mIhjiiIiI iiImu icrcivc IV Ilin ili;il licl. clcrlx :i. \v:iri;nil or luf- 

iiiiij rci lili<'iili< 111' cli'i'l.i u'lilcli iiiiiy lio in Hiili.sjiiiici' ii,rc(ir(tiii-; Id llii' lorni No. IH. 

.'\iiil II liJM (l|l^^■:l^J,•l'lll('llt can \u< nilllicil ii{m>ii IIk' liiirK. 

'I'lic (linlrict mIkhiIiI iipiii'dvn llu' nuiii iiihI Miivlir.i nl' llic IkpikI, anil llir rlnU Nlmnlil 
ci'i'lily Ihn tact. Ihi'idun. 



HO. Form of Tux Collrclor^x /><r(L 

'To ;dl to whom the:;e preseiils iiKiy come. I, A I', <il county 

of ;\nd SlM.te of Ivhode Ishind mimI Trox ideiice I'lMiitMtioiis, col- 

K-clor of t!i\cs ol" School District No. in sMid town, send (ircut- 
in^' :— 

Wlieri'MS the SMid school (list rict, ni m ineetiiii;- duly notified, mikI 
held on the d;i\- of A. D. IS voted IIimI. a t:i\ of dollars 

he assessed on the iMlalile |>ro|ierty in said district, for the puiposo 
of and said la\ was afterwards, \'\/,. : on tln^ <lay ol 

A. I). IS assessed acconliii^ to law, and the tax hill in (hie form 

delivered to me the said collector, with a wariaiil, allached thereto, 
si^lieil hv the triistO'S, of said district, re(|iiiriii;.'; me to |>roceed accord- 
iiie; lo |;iw aiid collect the said ta\, and pay oxer the same to tlu' 
Ireasureidi' th(^ district, or to his successor in ollice, and whereas 
(I 1), of neglected to pay the lax assessed aeainst, him, and 

expressed in the said tax hill, amoiniliiiij; to the sum of dollars, 

and ill conseiiuence thereof, I did on the day of levy said 

warrant iiiioii a certain lot or IracI, of land Ixdoiieine; to said CD, in 
said district, and did advertise the same for sale according- lo law, at 
two lor more I pnhlic places in said town, for twciiiy days pre\ious 
to sale, [and also in tho a, ncwsiiaper printed in J :ukI oil 



FORMS. 



45 



the (liiy <»r A. I). Is ;i) o'clock III lli(! noon, on 

tlui ])r('mis('s, hcinj;' llic lime nnd |)l;u'() ;i])i)(>int.('(l, 1 proceeded to sell 
al. ;niclion so nnicli o(" siild land as was niM-essary •<> salisly said tax 
and llie inciilenlal expenses, and 1*j h\ ol" was llie. lii:.i;li<'sl, hidder 

llierefor. 

Now, know )'e, llial: in consideiatioii ol IIk; siun -il' dolJai's, 

l)ein.i;' llie aiiioiiiil, ol' said la.\ and expenses paid nie liy IJk^ said I*'. l\ 
1 llie said collector, do liereby <i;ive, <ji;raiil, Itareain, s(dl and convey 
iMito tlic; said I] l\ his lieirs and assi^i>;ns, all tlu! I'i^ijlil, lille and inter- 
est wlii(di said (ID, liad at the linu; of ass(,'ssin<i; said lax, in and to 
tlie lollowiiiL!; descril)<'(| Iracl of land, silnated in the district and town 
aloresaid, coiilaiiiinn' acres, | more or h ss, | and hounded | de- 

Kciahe] Ol' liow(^ver ot-li(!rwis(! l)oiiiide(l, with all | hiiildiii;j,s | and 
appiirleiiaiices, heiiii;' so niindi ol" said land of the said (' 1), levied 
on as was necessary to salisly said tax and exjx'iises. To liavo and 
to liold the same to said l) h\ his heirs and assiens forever, snhjettt to 
the rieht of redemption pro\ ided h\- law. And I, the said A I>, lor 
niys(dr, my heirs, execiilcji's and administrators, do covenant with 
said K h\ his heirs and assi<j;ns, that I | have j^iveii hoiid and | have 
adverlised said properly as lu'relnherore staled, and liav(^ complied 
with lli(^ terms of iIk; law rtij^nlatin^' the collecline; of tax(;s, in re- 
spect to said sale, as liereinherore stated. 

VViliu'ss my hand and seal, this day of A. d. IS 

Signed, sealed and (hdivered in presence ol' 

A. v.. (I,. s.| 

Town ol, &e. A. I), is rid'orc! hh; llie siihscriher, ap- 

[X'ared A li, collector of lax(;s ol' School District No. ol'llie town 
oi' and a(d<iiow led;i;ed lli(( foreejoinni to |)c his I'icm^ act and deed, 

and his hand and seal lo he iherennto allixe(|. 

(). I'., 
fliisliee of the I 'eacc. Notary I'liltlic or Tow II (!lerk. 

NoTH.-'-ln CHHii of nniiiijiiDVi^il lamlH i)\viii!il liy |icrHi)MM oiil nl' Mid iSlal.ii, !i,iiii ;i,lni) 
of iinid'ovnd IiuiiIh wlicni lUiiUK^r tim owimr nor- orciiinnil, livi'S in Uio iStiit.i), iiol.ico ol" 
thii Hfild iiiiimI, 1)0 givdii i,W(iiil,y ilayM in ;i- iii:\vn|i;i,|ii'r. TIh! |)iii'(:liii,M(ir uii(t(ir a tax 
CoWwA.oi'h (1o(!(1 Hhoiiid H(iii 1.Ii:iI, tin: l;uv liiut l)ii(ii (•,(iiii|)lii'(| with, luid lliiil, IiIh oviilmico 
of iidvoi'tiHiiig iH prOHurvod. 



21. /'nrni. (if (I. liJil.i-li'dl fur 7'id.ljon., <|v,-. 

Ji,ate-l)ill or assessment of rates for tuition a^^ainst the j)a,rents, 
guardians and employers, sending children to the district scIkjoI, or 



46 FORMS. 

persons attending school, in School District No. of the town 

of for the term of school connnencing and ending 

made out this day of a. d. 18 towards the expenses of 

tuition, fuel and other expenses. 



Names of persons. 

Si 



No. sent. 



Time sent. Assessment 



Trustees. 




Note. — This rate bill is to bo coUoctcd in the same manner as the tax bill, and the 
same form will answer with a little variation to suit the case. Any poor person lia- 
ble for tuition may, if the district or trustees refuse to exempt him, take the poor 
debtor's oath, either before or after being- committed to jail. 



22. Form of a Lease, 

These articles of agreement made this day of a. d. 18 
witness that A. B. of doth hereby demise and let unto the School 
District No. of said town, (describe the room or building) with 

the appurtenances, in consideration of the rents and 'covenants by 
said school district herein mentioned to be jjerformed, to iiave and 
hold the same to the said school district and their assigns for the space 
of year, commencing on the day of a. d. 18 and 

ending on the day of a. d. 18 for the purpose of keep- 

ing a district school therein, and holding such schools or lectures or 
other literary meetings, or meetings of business, as the school com- 
mittee or the officers of said district may deem advisable for pro- 
moting the cause of education. And the said district agrees to pay 
therefor the sum of per annum as rent, and at that rate for any 

less time than a year, the ])ayment to be made to the said A B, his 
heirs or assigns, at his residence, on the last day of the year, [or on 
the last day of each year in the term,] without any notice or demand 
therefor, [provisions about repairs, loss by fire, &c., may be here in- 
serted.] Witness the hand and seal of said A B, and the seal of the 
said district hereto affixed by by said district duly authorized, 

the day and year first above mentioned. 

Sealed and executed in presence of 

[L. S.] 

[l. s.] 



FORMS. 47 



23. Power of Attorney to take a Lease. 

Note. — The district may authorize a person to execute this lease for them hy a 
vote as follows : " A^oted, that the trustees of the district [or treasurer] be and they 
are hereby fully empowered to hire a building- for the purpose of a school-house for 
the district [here specify the building, and fix the time and conditions or leave them 
at discretion,] and to make and execute the necessary contracts therefor, and to seal, 
deliver and acknowledge the same in the name and behalf of the district." If the 
lease is for a year or less time, it may save trouble to take the lease in the name of 
the trustees themselves. If the above is to he acknowledged, see the form of ac- 
knowledgment to No. 26. 



24. Deed to a School Di&trict. 

Know all men that I, A B, of in the State of Rhode Island 

and Providence Plantations, in consideration of the sum of paid 

me by C D, treasurer of School District Xo. in the town of 
and State aforesaid, tlie receipt of which I acknowledge and am 
therewith fully satisfied and paid, [if a gift, say, in' consideration of 
my desire to aid and assist in diffusing the benefits of a good com- 
mon school education among the inhabitants of School District No. 
&c., as the grantor pleases] do hereby give, grant, enfeoff, convey 
and confirm unto said school district and their assigns, a certain lot 
of land situated in said town of [describe] or however otherwise 
bounded, with all the appurtenances and privileges thereto belonging, 
to have and to hold the same forever to said school district [and their 
assigns, but if there is a desire to prevent the lot ever being used for 
any other purpose, omit assigns and say, for the purpose of maintain- 
ing thereon a district school-house and its appurtenances, for the ben- 
efit of the district school of said district, and for no other use or 
purpose whatever.] And I, the said A B, do hereby for myself, my 
heirs, executors and administrators, covenant and engage to and with 
said school district [and their assigns] that the premises are free of 
all incumbrances, that I have good right to sell and convey as afore- 
said, and that I, my heirs, executors and administrators shall and 
will forever warrant, secure and defend the premises to said school 
district [ami their assigns or to and for the purpose aforesaid,] against 
the lawful claims of all persons whatsoever. And I^ E F, wife of 
the said A B, for the consideration ])aid my said husband, hereby 
release unto said school district [and their assigns] all my right of 
dower in the premises. [If the premises are under mortgage, a 
release may be here inserted.] And I, G H, of in consideration 



48 FORMS. 

of the sum of paid to me by to my full satisfaction, do lierehy 
fi'ivc, frrant, baro;ain, sell, assio;n and convey unto said scliool district, 
[and their assi;2;ns,] all the ri;;'lit, title and inteivst wliich I ha\e in 
tlie pri'uiises by virtue ofaii}' ni()i'ti!;a;j;e deed thereof, [or of any (ttlier 
clai.ui or title whatsoever.] In witness whereof we have hereunto 
set our hands jind seals this day of A. ]). 18 

Signed, sealed and delivered in presence of [l. s..] 

[L. S.] 
[I,. S.] 

State of coiuity of town of A. i). 18 This day per- 
sonally appeared before nie and acknowledged the foregoing 
instrument to be voluntary act and deed and hand and seal 
to be thereunto affixed. 

Before me, () P, Justice" of the Peace, Notary Public or '.l\)wn 
Clerk, (if executed in IvIkxK' Island.) 

Note. — Iflholaiul Lolong to a marriisil woman, hor name should Lo inscrtod as 
Olio of tho grantors, and tho dood allured accordingly. Sho must acknowledge sepa- 
rately from her husband. Use' the words of the law in the certificate of aidvnowl- 
odgmont. Soo lievisud Statutes. 



25. }/lite appolntliKj an Attorney to sell Land belonging to the 

iJistrict. 

At a meeting of the legal voters of School District No. of the 

town of &c., notified as tlu^ law recjuires, and held at on 

the day of a. d. 18 

Voted, That A IJ, Treasurer of said School District, be and he 
is hereby appointi'd the agent and attorney of the district, to sell at 
his discretion, a certain lot ol' land, situated in and belonging to tho 
district, containing bounded with the buildings and apj)ur- 

tenauces, and with i'ull power to allix the seal of the district to a deed 
or deeds conveying the same [with covenants of warranty or not, as 
the district may vote,] and in the name of the district to acknowledge 
and deliver the same, and receive the purchase-money, and give a 
full discharo-e therefor. 

A true co[)y of record : Witness, 

E. F., Clerk of said District. 



FORMS. 49 

26. District Land Deed. 

Know all men, that the School District No. of the town of 
county of State of Rhode Island and Providence Plantations, in 

consideration of the sum of paid to A I>, treasurer of said district, 
to and for the use of said district, by M N, of the receipt of 

Avhich is liereby acknowledged, does hereby give, grant, bargain, sell 
and convey unto the said M N, his heirs and assigns, all the right, 
title and interest of said school district, in and to a lot of land situated 
in said district, containing bounded or however otherwise 

bounded, with all buildings and appurtenances, being the same lot 
conveyed to said district by deed of H I. To have and to hold the 
same to said M N, his heirs and assigns, forever. In testimony 
whereof, the said school district have hereunto fixed their seal, by 
the hands of said A B, their treasurer, duly appointed for that pur- 
pose, at a legal meeting of said district, and the said treasurer hath 
hereunto affixed his own hand, this dajjj of A. D. 18 

A B, Treasurer as aforesaid. [l. s.] 

Signed and sealed in presence of 

Acknowledgment. 

State of Rhode Island and Providence Plantations, county of 
town of A. D. 18 The School District No. of said town, 

by A B, their treasurer and attorney for that purpose, by vote of 
said district appointed, acknowledged the foregoing to be their volun- 
tary act and deed, and their seal to be thereto affixed ; and the said 
A B, treasurer and attorney as aforesaid, also acknowledged his own 
hand affixed thereto, and that the same was the voluntary act and 
deed of himself and of the said district. 

Before me, P Q, 

Justice of the Peace, or Notary Public, or Town Clerk. 

Note. — It will soklom, if ever, be advisable for a district to give any thing more 
than a quitclaim deed. If they wish to insert any warrant}', it would be best to 
consult a well-informed attorney. 



27. Order for Money. 

To A B, town treasurer of the town of 

Pay to C D, or order, the sum of it being for keeping a dis- 

trict school in School District No. in thi§ town. 

By order of the School Committee of the town. 

Date. E F, Chairman or Clerk. 



50 FORMS. 

NoTK. — It- will hn tho safest courso, in all casos, to lot tho money remain in the 
hands of the town treasurer, and to give orders lor it no faster than it is actually 
expended. 



28. Notice of Appeal. 

To the school coininittee of tlie town of [trustees of" School Dis- 

trict No. in the town of J 

I hereby notiiy you, that in conlbrniity with the provisions of the 

laws regulating public schools, 1 aj)peal to A B, commissioner of ])ub- 

]ic schools, from [here specify the vote or decision of the committee, 

trustees, or district, which is complained of.] 

Signed, 
Date. C D. 

A copy of this notice should be immediately served upon the clerk 
of the committee, clerk oi the district, or upon the trustee, trustee? or 
inspector, who have done the act complained of. And a notice of 
the anpeal should be immediately forwarded to the commissioner, 
which may be as follows : 

An Appeal. 

To A li, commissioner of public schools of the State of Rhode Island 
and Providence Plantations : 

Whereas, the school committee, [trustees, of School District No. 
of the town of No. ] did at a meeting on the day of 

A. D. 18 pass a vote — [here copy or insert the substance, as nearly 
as can be ])rocured.] I, the subscriber, according to law, do hereby 
appeal to you from said vote or decision, and claim that the same may 
be reversed. [Here state plainly and briefly the reasons.] 
Signed, 



29. Vote of District to establish a Secondary Scliool. 

Voted., That this district will unite Avith School District No. of 

this town, [or in the adjoining town of ] in the establishment 

of a secondary school, according to the provisions of laws regulating 
public schools, passed January session, A. i). 1857, for the common 
bencHt ol' both said districts ; provided said ' School District No. 
shall also give their consent thereto, [within IVom this date], and 

that the clerk of the district furnish a certified copy of this vote to said 



FORMS. 5] 

Scliool District No. and also to the school committee that, [if said 
district consents] they may take the necessary measures tor establish- 
inc; said school. 



oO. Vote of School Committee to form Joint District. 

Voted, [the school committee of the town of concurring here- 

with] that a joint district he Ibrmed accordiiif;; to the provisions of the 
acts relating to public schools, to consist of School District No. 
of this town, and School District No. of said town of and 

that said disti'icts shall constitute a joint district from the time that 
the school committee of said town of shall concur herewith 

[or if they have already passed a similar vote say, from and after the 
passage of this vote.] 

Voted further, that the chairman be authorized, in conjunction with 
the school committee of said town of to cause notices to be 

posted up [in one or more places in each of the two districts — spe- 
city tliem] for the fii'st meeting of said joint district, to be held at 
on at o'clock in the noon [or to be held at such time and 

place as he may agree uj)on with the scliool committee of said town 
of ] and that the clerk of the connnittee furnish a certified copy 
of this vote to the school connnittee of the said town of 

Note. — A notice signed by the chairman of each committee should bo posted up 
in one or more places in each district. After trustees are elected, they will notify 
the subsequent mcoting-s. 



31. Vote prescribing Form of District Seal. 

Voted, That the clerk of the district cause to be made a seal for 
the use of the district, with the figun; of engiaven thereon, and 
the letters or inscrijjtiou around its margin, and that the same 

is hereby adopted, and declared to be the common seal of this corpo- 
ration, and shall be kept by the clerk of the district. 

Note. — Every town, district, or other corporation, shall have a common seal, with 
a suitable device ; but if they have no regular seal, any seal may bo affixed to any 
instrument by their authority, for instance a piece of paper attached by a wafer will 
be considered to be their seal. 



52 FORMS. 

32. Ileturns from Scliool Committee to the Commissioner of Public 

Schools. 

STATEMENT of Ex|RMi(lituivs of thu l»ublic. Schools of 
lor the year cMiding May 1, 18 

Eiiiuls rc'niainin<:^ uiu'xpeiuk'd ol" last year's money, . tf 

lleceived from State treasury, ..... 

" " town tax, ...... 

" " registry and militia taxes, 

" " rate bills, 

" " income of" f'lmds, .... 

" " other sources, ..... 



Total resources, . . . -f 

ExjxMuK'd loi' sui)port of schools (except building and repair- 
ing school-houses,) . . . . . . . $ 

Expended for buildino- and repairing of school-houses, 
Amount voted by the town for next year, 

Statistics of each separate School In 

Each district or separate school in the town should be reported for 
both the winter and summer schools — indeed for every term — as fol- 
lows : 

Amount of money expended on the school-house. 

Whole No. of boys attending, 

u girls " 

Total No. of scholai's " 

Average No. of scholars attending, 

Male or femah' teacher, 

Wages per month, including board, 

'I'eacher's name. 

Length of school in weeks, 

No. of scholars attending under 4, 
ci a a ^)^.^.,. 15^ 

Amount of money from State's appropriation, 
" " " town's " 

" " " rate bills, 

*' ■" " taxes. 

We, the scliool committee of the town of in conformity with 

the laws relating to public schools, do certify that the foregoing form 



FOKMS. 53 

and blank for town returns prescribed by tbe commissioner of public 
schools have been filled with duo diligence and accuracy, and that 
the above is a true statement of tiie moneys received from ail sources 
and ap[)lied to the support of public schools for the year ending 
May 1, 18 



33. Form of District Return prescribed by the Commissioiter of 
Public Schools, October, 1855. 

The following is the form prescribed by the first commissioner, Mr. 
Barnard, and is the one now used. The present commissioner has been 
several times urged to prejjare a shorter form. Hut on the best con- 
sideration he has been able to give the subject, he is satisfied that it 
is most for the good of the schools to retain the existing form. A 
trustee, having all this information himself, may consider it trifling ; 
but it is all of importance to the school committee. Especially should 
exact returns of the attendance, studies and books be insisted on. 
By these the committee can ascertain whether improper books are 
used, and whether the teacher exercises j)roper judgment as to the 
studies and classification of his scholars. The trustee need have no 
trouble with it, if he will only require the teacher to fill it out, and 
there is nothing in the return but what the teacher can easily answer. 
I have seen instances of returns filled out by teachers in a manner 
and temper highly discreditable to them. No return should be 
allowed by a trustee or committee, unless the questions are answered 
in a respectful manner. 

Note. — When there are soi)ai'ato schools kept at different times in tho year, a 
separate return is to be made for each school, but the items included in tlio divisions 
I. II. III. VII. and IX. need bo returned but once a yettr, and tho items printed 
in italics need not bo returned, except when specially required. 

RETURN respecting the Public Schools in District No. in toivn 

<f for term commencing 18 and ending 18 

I. Name, Size, Population, and Property Valuation of the 

District. 

Local or neighborhood name, 

Territorial extent or size of district, length, breadth, 

Number of families residing in district, 
" " engaged in agriculture, 

" " " trade or shop-keeping, 

" " " mechanics'' shops. 



54 FORMS. 

Number of families engafjed in factories or mills, 

" " " navif/ation^ 

" clergymen, lawyers, physicians, 

Number of inhabitants of all ages, Do. under 21 years. 

Do. between 5 and 15, 

Do. under 5, 

Whol^ 7iumber of voters. Do. tax-paying voters, 

Amount of valuation of taxable property in the district, 

• 

II. Pecuniauy Rksdurcks. 

Ainoiiiit of State and town money actually cxpentled durino- the pre- 
en;, year. $ 
Amount of money raised by tax durino- the present year, on property 

of district, to j)ureliase or huild school-house, site, &c., $ 
Amount of money raised by tax durino; the present year, on property 

of district, to re|)air or furnish old house, $ 
Amount of money raised by tax durino; the ])resent year, on property 

of district, to i)urciiase ma))s, olobes, and other apparatus, $ 
Amount of money raised by tax during the present year, on property 

of district, for teachers' wages, $ for board, $ for 

fuel, $ 
Aggregate amount of money raised by tax on other property of the 

district, during the year, for all j)ur|)oses, $ 
Aggregate amount raised by rate, or tuition bill, foi* teachers' wages 

autl board, fuel and other i)ur|)oses, during the year, $ 
Amount given by individuals for any purpose during the year, $ 
Amount received from income of any land or fund, during the 

year, $ 
Aggregate amount of money expended for all purposes for the school 

year ending JNIay, 18 

III. School-Houses. 

Place where the school is kept — in sehool-honse, 

in building built or used for other purposes. 
Date zvhen the school-house was built, first cost, $ 
When last thoroughly repaired, and at what expense, $ 
By whom now oivned, by district, town, proprietors. 
Furnished with a suitable play-ground, and out-building. 

Material and condition of the building — material, condition, 

\_good, ordinary, bad,^ 
Provided ivith scraper, mat, water-pail and cup, sink, 

basin, and towel, old broom for feet. 



FORMS. 55 

Provided tvithpejs, hooks or shelves, hroom and dust-hrush, 

Number of school rooms and size of each, length, ividth, 

height, 
Arrangement for desks, 
" seats, 

" ventilation, 

" warming. 

Provided IV ith tvood-shed or shelter for fuel, shovel and tongs, ^'C, 

thermometer. 
Provided with bell, with globe, with clock, hand-hdlfor 

teacher. Do. with blackboard, the size, [if any,~\ 
Provided with map of 111 code Island, Po. with outline maps. 

Do. with geometrical solids, 

IV. Attendance, Length of School Term. 

Number of families who sent cliildren to the school — belonging to 
district, 

Number of families who sent children to the school — from out of the 
district, 

Number of scholars of all ages registered during term — belonging to 
district, boys, gii'ls? 

Number of scholars of all ages registered during term — from out of 
the district, boys, gii'ls? 

Number of scholars over 15 years of age, boys, gii'ls, 
" " under 5 years, boys, gii'ls, 

Length of school term in half days, Do. in weeks [10 half days.] 

Do. in months, [4 weeks,] 

Number of scholars who attend three-fourths of the term and 
more. 

Number of scholars who attend one-half of the term and more, 
" " " less than one-half " " 

" " " less than one-fourth " " 

Average daily attendance of the school during the term. 

Number of scholars belonging to the district at school in other dis- 
tricts or towns, 

V. Studies and Classes. 

No. of scholars who commenced this term in Alphabet, 

No. of scholars who attended during the whole term to Primer or 

Spelling Book, exclusively. 
No. of scholars in Spelling, (not including scholars in Spelling Book,) 
No. of classes in. 



56 I'ORMH. 

• 

No. ofscliol.irs in Ivciidiiia', ( not; iiicludiiiii; scliolnrs in S|)(;llinnr liook,) 

No. ol" classes in, 
No. of scholars in (}c'o<;rai)liy, No. ol" (Masses in, 

.No. who draw ina])s, 

No. of scholars in (jrammar, No. of'dassos in, 

No oCscliolars in History of tlu^ United States, No. of classes 

in, 
No. of scholars in nencral History, No. of classivs in. 

No. of scholars in I'ltymolo^y, or yXnalysis of Lanoiia^e, No. of 

classes in. 
No. of scholai's in Dclinitions, No. of classes in, 

"■ " Mental Arithmetic, No. of classes in, 

" '*■ Written Ai'Ithinetic, No. of classes in, 

" " attending; to rcnnianship, No. of classes in, 

" " in l>ool\-lvee|)inn-. No. of classes in, 

" " in Al<;el)ra, No. oi' (dasses in, 

" " in Geometry, No. of classes in, 

" " in Natural riiilosophy. Classes in, 

■•' '' in IMiysiolooy, (^lasses in, 

" " attendin<^ to drawing-. Do. Composition, 

Do. in Dc(daniation, Do. who eni:;ajj;e in Vocal Music, 

No. of s<di(>lars in other studii's, s|)ecilVini;- the same, 

" "■ not ])rovide(l with all hooks necessarj' in the studies 

[)nrsued l»y them, not providi'd with slate, 

VI. UoOKS. 

Name of ea(di kind of Text-lJook used in the sclio(;l, and the number 

of co|)ii\s of ea(di kind, 
|)ictionary, 
J'riuier, 
Spelliiin- Hook, 
Jxeadinn-, 

JV'nmanship and i>ook-Keepin<^, 
Mental Arithmetic, 
Written Arithmetic, 
( Jeo<;raphy, 
(irammar, 
Jlistory, 
Other studies, 

VII. 'I'kaciif.rs. 

Nami! and a^-e yf teacdier. 
Place (^town and State) of birth. 



FORMS. 57 

Place (town and State) of residence, 

Date of certificate, and by wliorn sio;ned, 

Niinibor of terms, or years, of ex|)eri(MU'e as a teaclicr in any scliool, 

NuinhtM' of terms, or years, of cxpei-ieiice as a t(uiclier in this school 

Leforc the present term, 
Comj)ensiition ))er month in money, 
Aoor^.u'ate amonnt in money for term. 
Is the teacher hoanledhy the district in addition to his money wages ? 

(_)r does he hoard himself ont of his \v;i;j;es ? 
Arrano'ement l\>v hoard — hoard i-onnd, At one jjlace, 

Ifhoai'ded by ilistiict, the amonnt paid in money for board, 

VIII. Suim;iivisi()N or VisrrATioN. 

Nnnd)ei' of visits irom trnstees, l^^'om town committee, 

From county inspector. From ])arents and others, 

IX. Priva'ik S('nooi,s, Lyceums, &c. 

Number and grade of private or select school, kept in the district 

during the term, 
Nnndji'r of pupils attending. Hate of tuition j)er term. 

Name of any lyccum, debating society, or library, with date of estab- 

lisinnent, number .)i' members, books, &c., 

X. Namks of Officers of thk District. 

Trustees, 
Clerk, 
Treasurer, 
Collector, 

To the School Conimittae of the Totvn of 

We, the trustees of School District No. in said town, in con- 

formity with the laws relating to |)ublic schools, do certify that the 
foregoing form of distiict return, i)rescribed by the commissioner of 
j)nb!ic schools, has been filled up with due diligence and accuracy ; 
and that the money designated " teachers' money," received from 
the treasurer of the town for the year j)revious to the first day of 
May, 18 was applied to the wages of teachers, and for no other 

])urpose whatever. 

l^ated at 18 

Trmtees. 



58 FORMS. 

34. Specimens of Rules and Regulations to he adopted hy School 
Committees for the govertiment of Public Schools. 

We oive below, 1st, the rules acl()])ted by the scliool committee of 
Smithfield, a. d. 1846 ; 2d, the rules adopted in North and South 
Kingstown, and some other towns ; 3d, extracts from the school regu- 
lations of the town of Portsmouth. 



Regulations for the government of the Public Schools in the town of 

Sm ithfield. 

PREAMBLE. 

Teachers and candidates for teachers in the public schools, previous 
to entering u)ion their engagements, should consider it of great im- 
jiortance to become familiar with some of the most approved plans of 
teaching and governing a school ; and should endeavor, as far as pos- 
sible, to possess themselves of definite ideas in regard to the solemn 
duties and res|)onsibilities of their ])rofession. 

And in order to aid and assist them in establisliing a uniform and 
systematic course of instruction and discij)line, the committee would 
respectfully submit the following 

RULES. 

1. All the teachers of the public schools are required to be at their 
respective school-rooms and to ring the bell from ten to fiftetn min- 
utes before the time of commencing the school in the morning and in 
the afternoon, and they shall require the pupils, as they enter the 
room, to be seated in an orderly manner, and prepare for study. 

2. The bell shall again be struck, or tlie hand-bell rung, precisely 
at the specified time for begiiniing the school, as a signal for com- 
mencing the exercises — previous to which all the scholars are expected 
to be present and to have made all needful preparations for carrying 
on the business of the school, in order to prevent all unnecessary 
movement after tlie exercises commence. 

3. All the public schools shall be opened in the morning by read- 
ing a portion of the Scriptui'es, which may be done by the teacher 
alone, or in connection with the older pupils — the whole school being 
required at the same time to suspend all other sul)jects and to give 
proper and respectful attention ; and this exercise may be followed 
by prayer or not, at the discretion of the teacher. 



FORMS. ' 59 

4. Every scholar who comes in after the second bell rings, must 
present a satisfactory excuse ; and all Avho cannot do so, shall be con- 
sidered delinquent, and marked tardy on the teacher's register, sub- 
ject to examination by parents, trustee? and school committee. 

5. No teacher shall permit whispering or talking in school, or 
allow the scholars to leave or change their seats, or to have communi- 
cation with each other in school time, without [)ermission, but shall 
strive to maintain that good order and thorough discipline which are 
absolutely essential to the welfare of the school. 

6. It shall be the duty of teachers to guard the conduct of schol- 
ars, not only in the hours of school, but at recess, ar.d on their wa^y 
to and from school, and to extend at all times a watchful care over 
their morals and maimers, endeavoring to inculcate those virtues 
which lay a sure foundation for future usefulness and happiness. 

7. The govennnent and discipline of the school should be of a 
mild and parental character. The teacher should use his best exertions 
to bring scholars to obedience and a sense of duty, by mild measures 
and kind, influences ; and in cases wh^M'e corporal punishment seems 
absolutely necessary, it should be inflicted with judgment and discre- 
tion, and in general not in presence of the school. 

8. Teachers should ever avoid those low, degrading and improper 
forms of punishment, such as tying up scholars' hands and feet, com- 
pelhng them to hold a weight in their hands with their arms exten- 
ded, pinching, pulling and wringing their ears, cheeks and arms, and 
other similar modes, which are sometimes used, as the committee are 
decidedly of the opinion that a judicious teacher will find other meth- 
ods of governing more consistent and more effectual. 

9. In case of obstinate disobedience or wilful violation of order, a 
teacher may suspend a pupil from school for the time being, by in- 
forming the parents or guardians and school committee thereof, and 
readmit him on satisfactory evidence of amendment ; or such pupil 
may, at the discretion of the teacher, be referred directly to the com- 
mittee, to be dealt Avith as their judgment and legal authority shall 
dictate. 

10. The teachers shall.classify the pupils of tlieir respective schools 
according to their age and attainments, irrespective of rank or wealth, 
and shall assign them such lessons as seem best adapted to their capa- 
cities, and render them all possible aid and assistance, without distinc- 
tion and without partiality. 

11. For the purpose of preserving that system and order so es- 
sential to a well-regulated school, and securing to the pupils a thorough 
knowledge of the subjects pursued, there should be a specified time 



60 FOKMS. 

for every exercise, and a certain ])ortion of time devoted to it ; and in 
no case should any one ri'citation interfere with tlie time apjjropriated 
to anothiu" ; and whatever the exercise may he, it shouhl recei\'e, for 
the time, the immeihate and, as far as j)iacticable, the exchisive at- 
tenti(m of the teaclier. 

12. No child under the a<2;e ol" Ibui' years shall he ivceived as a 
scholar in a district school, unless there he an assistant teacher or a 
])rimary dej)artnient. 

13. Exercises in declamation and composition slrill hc^ j)ractice(l 
by the older and nioi i.' adxanced j)n|iils, at the; jud<2,nient of the teacher, 
njider the advice of the connnittee. 

14. Sin{j;ini2; may be encouraged, and, as far as practicable, taught 
in all the schools, not only for its direct intellectual and moral uses, 
but as a healthy exercise of the lunos, an agreeable reci'eation to the 
pupils, and an auxiliary in o'ood o^ovennnent. 

15. Needle-work shall be allowi'd in the primary scliools. 

It). The teac;her may employ the older scholars, under his direc- 
tion, in the manaoenient of the scliool, when it can be done without 
disadvantage to them or to the «j;ood order of the schools. 

17. No teacher shall use or encourao-e the nsi' of any other books 
than those recommended by the connnittee, without their approbation. 

18. There shall be a recess of at least fifteen minutes in the mid- 
dle of every hall' day ; but the primarv schools may ha^■e a recess of 
ten minutes every hour ; at the discretion of the teacher. 

19. It shall be the duty of teachers to see that fires are made in 
cold weather, in their respective school-rooms, al a si-asonable hour to 
render them warm and comlbi-table by school time ; to take care tliat 
their rot)ms are properly swept and dusted ; and that a due regard to 
neatness and order is observed, both in and around the school-house. 

20. As pure air of a proper temperature is indispensable to health 
and comfort, teachers cannot be too careful in givini]; attention to 
these things. If the room has no ventilator, the doors and windows 
should be opened before and after school, to j)ermit a free and lu'al.h- 
ful circulation of air; and the temi)eratui'e should be regulated by a 
thermometer suspended five or six feet from the floor, in such a posi- 
tion as to indicate as near as possible the average temperature, and 
should be kept at about sixty-five degrees Fahrenheit. 

21. The teachers shall take caie that the school-houses, tables, 
desks, and apparatus in the same, and all the public property intiusted 
to their charge, be iu)t cut, sci-atched, marked, or injured or deficed 
in any manner wdiatever. And it shall be the duty of the teachers 
to give promj)t notice to one or more of the trustees, of any repairs 
that may be needed. 



FORMS. 61 

22. Every teaclier shall keop a record of all the recitations of 
every class ; and of the manner in which every member of the class 
shall acqnit himself in his recitation — using figures or otherwise to 
mai'k degrees of merit. xVlso, every act of disobedience or violation 
of order, shall be noted ; and the registers shall be at all times sub- 
ject to the inspection of parents, trustees and the school committee. 

23. The following shall be the construction of teachers' enjxase- 
ments, unless otherwise specified in the written contract. Tliey shall 
teach six hours every day, including the recess, and shall divide the 
day into two sessions, with at least one hour intermission. They 
shall teach every day in the week, except Saturday and Sunday, and 
four weeks for a month ; and they may dismiss the school on the 
fourth of July, on C'hristmas, and on days of public last and thanks- 
giving, and one day out of every month for the j)urj)ose of attending 
a teacher's institute, or for visiting schools. 

PUPILS. 

24. Good moi'als being of the first im])ortance, and essential to 
their progress in useful knowledge, the pupils are sti'ictlv enjoined to 
avoid all vulgarity and })r()fanity, falsehood and deceit, and every 
wicked and disgraceful j)ractice ; to conduct themselves in a sober, 
orilerly and decent maimer, both in and out of school ; .to be diligent 
and attentive to their studies ; to treat each other politely and kindly 
in all their intercourse ; to respect and obey all orders of their teach- 
ers in relation to their conduct and studies, and to be punctual and 
constant in their daily attendance. 

25. Ji^very pupil wdio shall, accidentcdly or othenvlse, injure any 
school property, whether fences, gates, trees or shrubs, or any build- 
ing or ai>y part thereof; or break any window glass, or injure or 
destroy any instrument, apparatus or i'urniture belonging to the school, 
shall be liable to pay all damages. 

2G. Every pupil who shall anywhere on or around the school 
premises, use or write any profane or uncdiaste language, or shall draw 
any obscene jjictures or representations, or cut, mark, or otherwise 
intentional! 1/ deface any school furniture or buildings, or any property 
whatsoever belonging to the school estate, shall be punished in pro- 
portion to the nature and extent of the offence, and shall be liable to 
the action of the civil law. 

27. No scholar of either sex shall be permitted to enter any part 
of the yard or buildings appropriated to the other, without the teach- 
er's ])ermission. 

28. Smoking and chewing tobacco in the school-house or upon 
the school premises, are strictly prohibited. 



02 FOllMS. 

20. The scholars shall pass throu<j;h the streets on their way to 
and IVoin lh(^ school In an or(h'rly and i)(>c()niin<j; niainier ; shall clean 
tlic nind and dii t IVoni tlicir Ict-t on entering' the school-i'ooni ; and 
lake their scats in a cpiict and rcspcctlnl manner, as soon as conven- 
ient, alter the lirst hcdl rin^s ; and shall take |)ro|)er care that their 
books, desks, and the flooi- aronnd them, are kept clean and in good 
order. 

30. It is expected that all the scholars who enjoy the advantages 
of pnl)li(! schools, will give |)roper attention to the. cleanliiusss ot" their 
persons, and the neatness ;ni(l deci'ncy ol" their clothes — not oidy for 
the moral ell'ect of the hahit of neatness and order, but that the ])n])ils 
may be at all times prepared, both in conduct and external a])peara,nce, 
to I'eceive their IViends and \isitors in a respectable miMuier ; and 
to I'cnder the school-room |)leasanl, comfortable and lia])|)y ibr teach- 
ers and scholars. 

))1. No scholar should try to hide (he misconduct of his school- 
fellows, or sci'cen tliem from jnslici.' ; but it shall be the duty of (M'ery 
|)n|)il who knows of any bad conduct, or violation of ordei", committi'd 
\vitliout the knowledge of the instiaictor, to the disgrace and injui'y 
ol th(! school, to inlorm the teaclu-r thereof, and to do all in his power 
to discouragi^ and discountenance improi)er behavioi' in others, and to 
assist the teacher in restoring good order and sustaining the reputation 
of the school. 

t]2. I'iVery teacher shall kee|) a, co])y of tlu'se rules and regulations 
posted up in th(> school-room, and shall cause tlu' same to be read 
aloud in school at U'ast once in every monlli ; and incase of any 
(liHiculty in (•arrying out these regulations, or in the government and 
disciplint^ of the school, it shall be the duty ol" the teacher to apply 
immediately to the committee I'or advice antl direction. 

U. 

Ji('(/i(lationftfor (/ovcrnment of Piddle Schools^ adopted in North and 
South Jun(/stoivn, ^c. 

TKACIIKRH. 

1. Every jierson, befon* being employed to teach in any school 
snp|)orted wholly or in j)art by public money, shall be found (pialiHed 
according to law ; and Ibi' any iunnoral oi* gi'ossl\' im|)roper conduct, 
or, ibr I'cfusing to coniply with the regulations of the school com- 
mittee, or the reipiesls of the commissioner oi' public schot)ls, shall be 
dismissed. 



KOllMS. 



63 



2. Tlie toachers arc exported to in:ike \]\v, tea<'liin(jj of their school 
the main Imsiiiess, to <five to it their hcst thoni;lits ai)(l energies, aiul 
to devote th(niisel\'es to it to liie exclusion of ;di oilier I'e^nlai' eni- 
])lovnii'nt. And it is icconnneiided llial IVe(|nent iiieelinjj;s of the 
teachers he held lor the ])nr|»c)se of |)ers(»n;d iniprovcMneiit and of 
p;ivin<r efficiency to tlie system of inst rnclion, which meetings will he 
attended once a month hy a. eonnnittee of the hoard. 

'5. Jt shall he the dnty of tin; teachers to iill all hianks, and make 
sueli returns us may he re<|nired of them hy law and hy tlit^ school 
ecjininittec or tiMisti-es ; and to i^ive notice to the school committee, 
of tlu! time; when the term will he<j;in and (dose, so that the school 
may he visited accordine- to law ; and any teacher who shall for the 
space of weeks neelcct to i^ive notice as aforesaid, shall f()rleit his 

pav lor that time, unless ]\v. renders a satisfactory excuse. 

I. • In cases of diniculty in the discharge of their oflicial duties, 
or when they may desire any temporaiy indnl;j;ence, the teac^hers 
shall apply to the trustees or connrnttee for ad\ice and direction. 

T). 'I'hc teachers ai'e re(]nired to he at their respective scliool- 
lionses, at least (ifteen nunntes Ix'fore the; soecilied time for Ijeeimiino' 
the school in the niornini;' and in the allernoon ; and to ojien tiieir 
respective school rooms, for the I'cceplion of pupils, snhject to all the 
I'ules of order foi- school hours, as soon as tliev enter the; I'ooms. 

(J. 'I'lu! teachers shall eni'oll the names of scholars as they ent(M' 
th(; school — and cause all cases of ahsenceand tardiness to he marked 
(!very niorninjj; and afternoon, and any withdraw.'d from school Ixdore 
the hour foi' (dosing', except in case ol sickness, or upon a retpiest 
stated in writing or in pei-son, hy the parent or guardian, shall he 
regarded as an ahsence. 

7. As I'egularity and pinictnality of atten lanc(^ are indispensahle 
to the success of a school, i; is important to maintain the |)rincipl(; 
that necessity alone can justify ahsence. Sickness, domestic allliction, 
and ahsence from town :\yr, regarded as the only legitimate cause of 
ahsence. All otiiei" cases must, he considered as in violation o( i(de, 
and deriving their only sanction from the private authority of a parent 
or guardian. in every instance of ahsence, a written excuse oi- per- 
sonal explanation shall he re(piired of the |)ai'ent, masfei' or giiai'dian, 
on the return of the |)upil to sfdiool. 

8. The teachers in ea(di school shall |)nt the pupils into se|)arat(; 
classes according to their age and attainn\ents ; and shall tea(di them 
such portions of tin; ])rescrihe(l studies as in their judgment it shall 
be most suitable (or each class to pursue ; and each scholar shall be 



64 



KOIIMH. 



oonfiiu'fl ti> tlif studies ol" liis class, unless for i^tunl i-easoiis an 
('X('e|)li()ii i)(' made liy tlie teaclier under the aihiee, or with the 
a|»])roI)atioil of the eoilimillee. 

!'• It shall he the duly oC the teachers to use tln'irhest eudeaxors 
to impress upon the minds of the youth C(jmmitte(l to their care ai'd 
instruction, the principles of piety, justice, and a sacred rei;-ard to truth, 
lo\(' to their countiy, humanity and universal henevolence, sohi'iely, 
industry, rru<j;ality, chastity, moderation, tctnperaui-e, and those otlier 
\irtnes which ar'c the ornament of human society, and the basis u|)on 
which a re|iuhlican constitulion is Counded ; and tliev shall I'udeavor 
to lead their pupils, as theii- ai;'es and capacities will allow, into a clear 
luiderstandinn- (,!' (he li'iidency ol" these virtues to preserve and per- 
Cect a reptd)lican constitution, and secure the l)lcssin<2;s of liherty, us 
well as to promote their (twn happiness ; and also to point out to them 
the evil tendcni-y of the opposite \ices. [ /<'rniii /jdirs af lM(i^)<(tchu.- 

10. It is CApccled that the t(>achers will exei'cisc a general insjx'c- 
lion o\'er the conduct of the scholars, not oidy w Idle in school, hut 
also durinjj; their i-ecess, wdiile in the aisles ami yai'ds, and while com- 
iiii:,' l<> •'iiid retiu'uinjj,' li'om school. 

11. It is reconnnended that the school he o|)(>ncd hy rcadinji; a 
portion o( the I'lilile, which nia\' lie I'ead, either separat(d\' liy the 
teachers, or h\ the scholars, oi- hy holh in conni'ction ; hut no scholar 
shall he re(piired to en^a^e in this e.\ei"cist> against the e\presse(l 
wishes o(" the parent oi' guardian. 

12. The teachers shall practise such discipline in the scho(»ls as 
\v<»idd he exercised hy a kind, judicious pai'ent, in his family, and shall 
avoid cor|)oral piuiisjimeiit in all cases wlu're order can he preserved 
hy milder measures ; and they shall keep a fiilhlul account of all 
ptuiishnients and the olfenccs for wdii(di tlie\- are iuilicted — suhject to 
examination hy the school connniltce, or trustei's. 

lo. I^'or N'iolent op|»ositi(in, or ^ross inunorality or indccenc^■, or 
conta;j;ious disease, a teacher nia\ I'xchide a j)upd Irom school for the 
tiuu- ; and in all such cases, shall forthwith i^ive information in writ- 
iiii;', of the cause thereol, to the parents or ^uai'dian, and to the 
scdiool committee. 

I I. Whenever the example of any scholai' shall he such as to be 
dauii'erous to the morality of the other scholai's or the i.';ood order of 
the school, and there is no h(>pe of reformation, the teacher shall 
I'l'port the case (o the school committe(> for their advice anil di'cision. 

lA. The tea(diers shall exi'rt themselves, under the advice of the 
conimittoo, to impart a kiio\vledii;e of the Eiiolish langiiiige, (including 



FORMS. 65 

()rtlH)o;raj)l)y, otyuiolo^y, prominciation, definitions, composition, gram- 
mar and reading,) \viitin<i;, riiciital aiul wi'ittcii aritlmu-'tic, ojconi'apliy, 
and tlu' iiistoiy of the United Slates. 

1(1. Tlie lollowini;' hooks are reeonnnended to lie nsi'd in llie pnl)- 
lic schools : no teachei- shall permit the scholars to use any keys to 
ai'ithnietics or other mathematical \v(ti"ks. 

The lollowinii; text-hooks shall he used in the studies speciiied: 
[Here insert the names of such hooks as have heen j)rescrihe(l, or 
rcconuncnch'd, as the case may he, hy the school committi'c.] 

17. in case any scliolar is not pi-(»\i(|ed with t he proper l)ooks, 
the teacher shall inl'onn the pariMit, n;uardian or master thereof ; and 
if such ]iai'ent, <^uardian or mastei" shall not within oni' w(udc provider 
projier hooks, the ti-acher shall inform the trustees ol" the district, who 
shall pi'o\ide the same in manner prescrihed hy law. 

18. 'I'lie teacher shall endeavor to comljine the use of oral insti-uc- 
tion and familiar explanations with the recitation I'rom the pres^iuhed 
l)ooks, especially on th(! snhject of moi'als and manners. 

19. Nei'dlo work may he allowi-d in the primarx' schools. 

20. Exercises in declatnation shall take place at suilahle times at 
the discretion of the teaehei- under the advict' of the committee. 

- 1 . Sin;j,'in<j; shall he (,'ncoura;;ed, and, as l;ii- as pi'acticahle, tan<rht 
in all th(^ schools, not only Tor its direct intidlectual and moi'ai uses, 
hut as a healthy exeicise of the lunj:;s, an a;^ree;dile recreation to l\\v, 
|)U|)ils, and an auxiliary in school <j;ovt'rnment ; hut no om; shall he 
reipiii'cd to en<ra<^'c in it a<>;alnst the wishes of his parents. 

22. The teacher may, under the advice of the visitin;:; committeo, 
occasionally employ the older scholars to assist uiuler his (Ui'ection in 
the management ol" the school when they art; capuhle, and when it 
can he donu without disadvanta<>(; to them or to the "ood order of" 
the school. 

2o. Every teacher shall keej) u record of all the recitations of 
every class, and of the manner in which e\e!-y inend)er of the class 
shall actpiit himscdl in his i-ecitations, nsiii;^' fi<;ures or otherwise to 
mark de;^ri'es ol" merit, and shall exhihit the same to the; parents or 
(;uai'dians, committee ov trustee, w hen I'CMpiired. 

24. Jt is rLConnnended that there shall he a recess of at least ten 
minutes in every half day l"(ji- the older scholars, and of ten minutes 
in every hour, for the y(Min<;er. 

25. TIk! teachers shall ^ive vi<;ilant attention to tlu^ ventilation 
and tem|)enitiu'(! of their rooms, causino- those that have heen occu- 
jiied to he opened and aired each mornint; antl afternoon, at the times 

u 



m 



KOKIMS. 



of recess, iirul :it tli(f eiul of school hours; iiikI they shnll use mII 
proper inciuis to luoid lliost; iiijiiiioiis cxtreincs ol" he;\t iind cohl, 
which iie;jhi!;eiice iiii^ht, iiithice. 

iili. The IcMchei's shall take care that tiieir rooms and entries are 
ke|)t neat and clean, and swept, as often as necessary, and that they 
be (hist(Hl every flay. 

27. The teaclici's shall take care that the school-houses, the appa- 
ratus in the same, and all the |)nhlic pi'opertv intrusted to their chai"i:;e, 
1)0 not tielaced or otherwise injured hv tlie scholars; and it, shall he 
the duty of the teachers to ^i\'e pi-ouipt notice, to one or moi'i' of the 
Iruslees, of any repairs or suj)|)lies that, may he needed ; and they 
may prescribe such rules ibr the use of the yarfls and ont-buildiiies 
connected with the school-houses, as shall insure their beiui;' kept in 
:i neat and pi'opei' condition, and shall examine them as ol'len as may 
be iiecessai'y Ibr such ])urpose ; and they shall be held responsible for 
!inv want of neatness or cleanliness about their premises. 

lirt. The followinjj; rules shall be obserxH'd by all teachers unless 
otherwise specilicd in their written contract: — they shall ti-acli six 
hoiu's eveiy da\-, including the recess, and shall divide the day into 
two sessions with at least onc^ houi' intermission in the middle of the 
day ; — they shall teach e\('iy da\' in the weeds, except Satiu'day and 
Sunday, and lour wi'cks for a month. 'I'hey may dismiss the school 
on the 1^'onrth oi duly, on ('hristmas, and days of pid)lic iiist and 
lhankseivin«i', and lor the purpose of attendini;" a Tea(diers' Institute, 
and such other meetin!;s as th(! commissioner of |)nblie scdiools may 
appoint and invite the altendance of the te'aeliors. 



euni.s. 

lil). (iood morals beini;' ol tlu' first im])ortance, and essential to 
their progress in useful knowledi^c, the pu|)ils are strictly enjoined 
to avoid idleness and prolimity, I'alsehood and deceit, and every 
■wi(d<e(l and disnracefid piactice, and to conduct tlu'mselxcs in a solu-i', 
ordi'riy and decent maimer, both in and out of school ; to obi'V all 
orib'rs of tluMi' teachers ni relation to their conduct and studies, and 
to be pmietnal and constant in daily attendance. 

80. The scholars must sci'ape their ieet on the scraper, and wipe 
ibem on every mat they pass over on their way to the school-room ; 
they must haiii:; tlu'ir hats, caj)s and oviMvoats on the hooks, or de- 
posit tluMU on the shelvt's ap|)ropriated to eacdi respectivcdy ; and 
nuist be ludd rcsponsilile Ibr the neatness of their own desks and the 
door neari'st to llieir seat, and for the <;(Jod order of their books and 
stationery. 



FORMS. 



67 



!>1 . No scliolur who coiiu's to school without |)ro|)('r ;itt(Mitioii 
haviii;;' been <j;i\'i.'ii to tht^ cK'aiiHin'ss oC his person luid ol' his dress, or 
\vhos(^ (•K)thes aru not nroperly repaired, sliall bii permitted to remain 
in school. 

o'2. I^yvei'v pupil who shall anywhorc! on or around tin; school 
premises, use oi- wiiteany prolanc or unchaste lann;na<j;e, or shall draw 
any obscene picturi-s or representalions, oi- cut, niai'k, orotherwiso 
intndioiialli/ del'ace any school I'urnit ure oi- buildin<2;s, inside or out, or 
any pi'opei'ty \vhatsoe\-er bel()iii;ini;' to llic^ school estate, shall be 
punished in |>i'oportion to the nature and extent ol th<; olFence, and 
sliall be liable to the action of the civil law. 

')-). hyvery pupil who shall, accldcnlallij "T (ilhi'r/cisc, injure any 
school property, whether fences, o'ates, trees or shrubs, or any build- 
in^' or any pai't thereol"; or break any wimlow ehiss, or injure or 
destroy any iusliaimenl, appai'atus or I'urniture belont;in<f to the; school, 
shall be liable to pay in lull Ibr all damaec he has done. 

34. All the scholars shall leaxc school in o'ood order and (piiefly, 
as soon as dismissed, unless j)ei'niitted by the teacher to remain ; and 
all unnecessary noise in or around the scliool-hous(! is |)rohibited. 
The throwing of sticks, stones or other nussiles in oi' neai' the school- 
house, and the knockinij; oil' of caps or hats arc; strictly ])i"ohil,ited. 

'A!'). No scholar oreitluu' sex shall be ])ermitte(l to enter that |)ai't 
of the yanl and buildini;s appropriated to the other, without, the teach- 
er's permission. 

ol). Smokiiiij,' and chewing toba<'co in the scliool-hous(; or U|)ou 
the school |)reiuises, are foi'biddeu. 

')7. 'Idiert,' shall l»e a return made from e\ery school supported in 
whole or in paiM. by tlie public money, to the school connnittet', ac- 
cordin<T to the form publisluMJ liy th(! commissionei- of |)ubli(r schools, 
and with such additional items of information as tlu^ connnissioner or 
corrujiittec! may from time to time recjuire. And if there l)e sninmer 
and winti'i' schools, or there be two or more schools of the same or 
a dilferent ijjrade, a separate account shall be e;iven of ea(di school. 

ijH. Every tea(diei- shall keep a eo|)y of these rules and reeulations 
posted u|) in tlu; scdiool-rooin, and shall cause the same to be read 
aloud in school at least onc(! in vwry month. 
A true eopy : Witness, 

III. 

The following; an; extracts from the re<i;nI;itions of the school 
committee of I'cn-tsmouth, which were drawn uj) by Thomas R, Haz- 
ard, Esq. : 



f)8 KORMS. 

St'X. 1. Tt sliall 1)0 tlie tenc'li('i''s dutv to act ns lil)rarian, and to 
adopt I'emdatioiis from titne to time; for the sccuiity and usef'id a|)|)li('a- 
tion of" tlid hooks ; snhjcct to lh(^ approval of" any coinmittec which 
7iia_y he appointcil hy the (hsti'ict lor that ])iirpose. 

Skc. 2. It shall he required ol' tlu; teacher to read aloud to his 
pupils, either at the commencement or close of" the scho(jl, in suitahle 
sections, the constitution of" the United States, and of the State of 
Rhode Island, and to encourage his pupils in tlu; pei'usal of such 
works as may he furnished the school lil)i-;irv and approved of hy the 
district, as may treat on commerce, finance, a«i;ricidture, manufac- 
tuiH's, the mc'chanic arts, history oi'the law of nations as apj)licahle in 
their intercourse with each other, and on such other suhjects as may 
tend to (]ualiiy them to exercise that impoi'tant and responsible trust, 
upon the faithful and upi'ioht discdiariie of which the very existence 
of their country may yet depend — " the ri«^ht of suffrage." 

Sec. 8. It shall be the teacher's duty not only to cultivat(> the 
intellects of his pupils, hut he shall seek proper occasions to promote 
their moral proo;ress and inipro\ement by discourai!;in<i; th(! exi)ansion 
of evil propensities ; and iustillinn; into their minds evei'v ^■irtuous 
and elevate(l sentinu'iit : such as at all times to adhere rii2;idly to the 
truth, both in heart and word, without reijard to conscMpuMices : that 
they maintain a strict i-eo;ard to tin; riti;hts and fi'din^s of others ; and 
that they cultivate friendly :vnd coin])assionate siMitiments one towards 
another, and to all lixini;- creatures ; that they v\vy abstain from in- 
flictinii; unnecessary pain or death on any part of the animal creation ; 
and finally, that tlu^y live in conformity with that comprehensive in- 
junction ol" the Saviour of men, and which includes every duty of 
man to his fellow man, '■'■ to do unto others as we would that they 
should do unto us." 



MISCELLANEOUS. 



MORAL INSTRUCTION, 

Should by all means Ix; iiiciilcalcd In- the teaclier, but yet so as to 
avoid all sectai'ian coinmeiits or bias. 

The rule laid down in the laws of the State of" Massachusetts, 
while it ))()ints out and inculeates the duty of tlie teacher tQ give 
moral instruction, is carefully drawn to avoid ;Li;iving countenance to 
any attempt to impart sectarian inslruction. 

''It shall be the duty of the teac'iers to use their best endeavors to 
impress upon the minds ol" the youth conunitted to tlu'ir care and 
instruction, the ])rinci])les of piety, justice, and a sacred regard to 
truth, love to their countiT, huinanitj. and universal benevolence, 
sobriety, industry, frugality, chastity, moderation, temperance, and 
those other virtues which are the ornament of human society and the 
basis upon which a republican constitution is founded ; and they shall 
endeavor to lead their i)upils, as their aires and ca|)acities will allow, 
into a clear understanding of the tendencies of these virtues to pre- 
serve and perfect a re|)ublican constitution and secure the blessings 
of liberty, as well as to promote their own happiness ; and also to 
point out to them the evil tendency of the opposite vices." 



READING THE BI15LK AND PRAYING IN SCHOOLS. 

The constitution and laws of the State give no power to a school 
committee, nor is there any authority in the State by which the read- 
ing of the Bible or praying in school, either at the opening or at the 
close, can be commanded and enforced. On the other hand, the 
spirit of the constitution, and the neglect of the law to specify any 
penalty for so opening or closing a school, or to a])point or allow any 
officer to take notice of such an act, do as clearly show that there 



70 ■ MISCELLANEOUS, 

can be no compulsory exclusion of such readino- and prayino; from 
our public schools. Tlie whole matter must be recrulated by tlie con- 
sciences of the teachers and inhabitants of the districts, and by the 
general consent of the coininunity. Statute law and school com- 
mittees' regulations can enforce neither the use nor disuse of such 
devotional exercises. School committees may recommend, but they 
can go no further. 

It is believed to be the general sentiment of the peoi)le of Rhode 
Island, that this matter shall be left to the conscience of the teacher ; 
and it is expected, that if he read the Bible as an oi)ening exercise, 
he shall read such parts as are not controverted or disputed, but such 
as are purely or chiefly devotional ; and if he pray at the opening of 
his school, he shall be very brief, and conform as nearly to the model 
of the Lord's Prayer as the nature of the case will admit. And in all 
this, he is bound to respect the conscientious scrui)les of the parents 
of the children before him, as he would have his own conscientious 
scruples respected by them in turn ; always, of course, taking care 
that in the means he uses to show his respect for the consciences of 
others, he does not violate the law of his own conscience. 

Below is the form of prayer allowed by law to be used in the pub- 
lic schools of Canada. It will be found comprehensive and appropri- 
ate, and undoubtedly will be very generally acceptable to the com- 
munity. It is given as a sample, like the samples of school rules and 
regulations previously given in these pages, and not as a form by any 
means prescribed, or even recommended to be used to the exclusion 
of any other. 

OPENING AND CLOSING EXERCISES OF EACH DAY. 

1. AVith a view to secure the Divine blessing, and to impress 
upon the pupils the imijortance of religious duties, and their entire 
dependence on their Maker, the council of public instruction recom- 
mend that the daily exercises of each grammar-school be opened and 
closed by reading a portion of Scrij)ture and by prayer. The Lord's 
Prayer, alone, or the forms of prayer hereto annexed, may be used, 
or any other prayer ])referred by the board of trustees and head- 
master of each grammar-school. But the Lord's Prayer shall form 
a part of the opening exercises ; and the ten commandments shall be 
taught to all the pupils, and shall be repeated at least once a week. 
But no pupil shall be compelled to be present at these exercises 
against the wish of his parent or guardian, expressed in writing to 
the head-master of the school. 



FOKMS OF PRAYER. 71 

FORMS OF PRAYER. 

I. BEFORE ENTERING tTON THE BUSINESS OF THE DAY. 

O Lord our Heavenly Fiitlier, Aliniiihty and Everlasting God, 
who liath safely Lroiiglit us to the beo-inniug of this day, defend us 
in the same by thy mighty power ; and grant that this day we fall 
into no sin, neither run into any kind of danger, but that all our do- 
ings may be ordered by thy go\erMance, lo do always that is lighteous 
in thv sight, through Jesus Chris't our Lord. Amen. 

O Ahnighty God, the giver of every good and perfect gift, the 
fountain of all wisdom, enlighten, we beseecli thee, our understand- 
ings by thy H0I3' Spirit, and grant, that whilst with all diligence 
and sincerity we apply ourselves to the attainment of human knowl- 
edge, we fail not constantly to strive after that wisdom which makes 
wise unto salvation ; that so, through thy mercy, we may daily be 
advanced both in learning and godliness, to the honor and jjraise of 
thy name, through Jesus Christ our Lord. Amen, 

Our Father which art in Heaven, hallowed be th}' name, thy King- 
dom come, thy will be done in Earth as it is done in Heaven ; give 
us this day our daily bread ; and foi-give us our trespasses as we for- 
give them that trespass against us ; and lead us not into temptation, 
but deliver us from evil, for thine is the kingdom, the power and the 
glor}', for ever and ever. Amen. 

II. AT THE CLOSE OF THE BUSINESS OF THE DAY. 

Most merciful God, we yield thee our humble and hearty thanks, 
for thy fatherly care and preservation of us this day, and for the 
progress which thou hast enabled us to n)ake in useful leanu'ng : we 
pray thee to imprint upon our minds whatever good instructions we 
have received, and to bless them to the advancement of our temporal 
and eternal welfare ; and pardon, we implore thee, all that thou hast 
seen amiss in our thoughts, words and actions. May thy good Prov- 
idence still guide and keep us during the approaching interval of rest 
and relaxation, so that we may be thereby prepared to enter on the 
duties of the morrow with renewed vigor, both of body and n.ind ; 
and preserve us, we beseech thee, now and ever, both outwardly in 
our bodies and inwardly in our souls, for the sake of Jesus Christ, 
thy Son, our Lord. Amen. 

Lighten our darkness, we beseech thee, O Lord ; and by thy great 
mercy, defend us from all perils and dangers of tliis night, for the love 
of thine only son, our Saviour, Jesus Christ. Amen. 



72 MISCELLANEOUS. 

Our Father \vhich art in Heaven, liallowed be thy name, tliy King- 
dom come, tiiy will be done in Earth, as it is in Heaven ; give u^ 
this day our daily bread ; and forgive us our trespasses, as we forgive 
them that trespass against us; and lead us not into temptation, l)ut 
deliver us from evil ; far thine is the kingdom, the power, and the 
glory, for ever and ever. Amen. 



The following forms of prayer, for the opening of schools, are taken 
from a very excellent volume of "Prayers for Schools," by N. Til- 
jinghast, Esq., late principal of the Massachusetts State Normal 
School at Bridgevvater ; — a volume which will be found profitable for 
every teacher to study, if not convenient for him to use. 

FORMS FOR MORNING PRAYER. 
I. 
We return humble and hearty thanks to thee, most merciful Father, 
that thou hast sent to us, through Jesus Christ, the revelation of thy 
law of love. Grant us the assistance of thy Holy Spirit that we may 
live in accordance with that law, loving one another, and doing good 
to one anotlier as we have opportunity. We thank thee for that 
glorious liberty into which we have been called, by which a way is 
opened to us to escape from the slavery of sin, the destruction of 
that spirit which is the heir of an immortal hope. Grant that we may 
not make this liberty a cloak of licentiousness, but that, while we walk 
unbound, we may keep fast our dependence on thee,, and look to thee, 
at every step, for guidance and support. Grant lis, Almighty Father, 
clear notions of thee and of thine attributes ; make us more humble, 
more sincere, more pure in heart ; send us that wisdom which is fi'om 
above, which is first pure, then ])eaceable, gentle, and easy to be en- 
treated, full of mercy and good fruits, without partiality and without 
hyi^ocrisy ; and grant that this divine wisdom may be the man of our 
council, and the guide of our lives. Let thy blessing be with those 
for Avhom we should pray. May thy will be done in earth as it is in 
heaven, and may all men come to the knowledge and the love of thee, 
through Jesus Christ our Lord. Amen. 

II. 

Almighty Father, we know that thy listening ear is ever open to 

the petitions of thy creatures; that thou art more ready to hear, than 

we to speak ; more ready to give, than we to ask ; grant to us, we 

beseech thee, the spirit cf prayer, that we may ask worthily that 



FORMS FOR MORNING PRAYER. 73 

which we ought to ask at all ; grant us faith, also, that wc may pi'ay 
with an entire confidence in thy mercy, believing that, whether we 
receive or not what we ask for, thou hast heard our prayer, and hast 
done what is best for us. We thauk tiiee, that while we are pressed 
by a sense of our own weakness, and are surrounded on all sides by 
dangers beyond our control, we are called in thy gospel to look to 
thee, the Infinite Creator and Governor of all things, as our Father ; 
may we keep this relation ever in oar mind, and strive to do nothing 
unworthy of thy chilch'en ; may our thoughts, words and actions, be 
kept in subjection to thy will. Amen. 

III. 
We humbly and devoutly thank thee. Almighty Father, that thou 
didst, in breathing into us the breath of life, create us in thine own 
image, with capacities to seek and to enjoy those things in which thou 
delightest. Tliou hast surrounded us with trials and temptations, for 
in no other wav than in resistingand oveicoming these, can our moral 
faculties acquire strength. Assist us, we beseech thee, to carry on 
this conflict earnestly and steadily, looking to thee for help, and to 
him who was tempted like as Ave are, yet without sin, for guidance 
and example. Let no temptation beset us, that thou wilt not give us 
power to resist ; may we not be overcome of evil, but overcome that 
evil in which we have heretofore lived with good. Thou knowest 
our peculiar weaknesses, and our ])eculiar wants ; grant us help, we 
pray thee. Almighty Father, according to our respective needs ; grant 
ns the spirit of prayer, that whether in prosperity or adversity, in 
sorrow or gladness, we may ever turn to thee, and lay our thanks- 
givings or our ])etitions before thy throne. We entreat thee for thy 
mercy on all those with whom thou hast connected us in ties of kindred 
and affection ; may the consolations of thy gospel be with all thy 
children ; and may thy name be hallowed, and thy praise be soiuided 
throughout all the earth ; for thine is the kingdom, and the power, 
and the glory, now and forever. Amen. 

IV. 
Almighty Father, the giverof every good and perfect gift, in whom 
we live and move and have our being, iii our ignorance and folly we 
come unto thee, the source of wisdom, and entreat of thee knowledge 
and understanding ; giant us clear perceptions of truth, and a deep 
conviction of its infinite importance ; may we feel that as no error 
nor deceit can exist in thy presence, so we may never hope to enjoy 
thy favor, if we train our minds to falsehood ; may we learn and ever 

10 



74 MISCELLANEOUS. 

remember, that it is thy will that we should perform every duty, from 
the greatest to the least, with a perfect fidelity ; and grant us, we 
beseech thee, that single niindedness and that godly sincerity, that 
may enable us to give to every ein|)l()ynient, and every situation, its 
just measure, so that nothing may appear to us as great or desirable 
which does not lead us forward in moral improvement, and nothing 
may seem to us mean or low which is useful to others, or ])rofitable 
to ourselves. We thank thee, we render to thee our deepest grati- 
tude, that we have ever before us a perfect model of how duty should 
be performed, in Jesus Christ; he took upon himself the form of a 
servant, and was despised and rejected of men, that he might perform 
thy will, and satisfy his deep love of mankind by calling them to re- 
pentance ; may thy blessing be with us this day, leading us from evil, 
shiekh'ng us from danger, and bringing us nigher to thee ; and unto 
thy name, through Jesus Christ, or Saviour, be everlasting praises. 
Amen. 



TOWN SUPEEINTENDENTS. 

RESOLUTIONS OF THE SCHOOL COMMITTEE OF BRISTOL. 

At a meeting of the school committee held subsequent to the an- 
nual town meetng, it was Resolved^ unanimously, to create the office 
of superintendent of schools; and that the election of this officer shall 
be by ballot. 

The following duties were assigned to the superintendent, and or- 
dered to be published for the information of the citizens : 

Resolved^ That we do hereby create the office of superintendent, 
and assign to him the following duties : 

1. The superintendent shall be secretary of the school committee. 
He shall keep the records, prepare all notices of meetings, and do all 
the writing and business incident to the committee. 

2. He shall conduct the examination of teachers, giving notice of 
the time and place to the committee. 

3. He shall visit and examine each school, at least once a month, 
and report the condition of the schools at each stated meeting of the 
committee. 

4. He shall hold a meeting for teachers at least once a month, 
when opportunity shall be given for interchange of thoughts upon 
all subjects of discipline and study, and mode of communicating 
instruction. 



TOWN SUPERINTENDENTS. 75 

5. He shall have a general supervision of the teachers, who, on 
all sabjeots connected with the discipline and conduct of the school, 
must submit to his decision, unless the same be reversed by the com- 
mittee. 

6. In every case of doubt or difficulty, the teacher may seek coun- 
sel of the superintendent. Whenever a pupil shall be very severely 
punished, or shall be expelled for misconduct, the teacher shall imme- 
diately report the case to the sujoerintendent. He shall proceed to in- 
vestigate the same ; and if the teacher, in his opinion, be justifitd, he 
shall explain the case to the ])arents or guardian of the offending 
pupil. But if he shall not consider the teacher justified, or if the said 
parents or guardian shall feel aggrieved b> the decision, and desire 
an appeal to the committee, the superintendent shall call a meeting of 
the committee, and submit the case for their action. 

7. It shall be his duty to respond to all applications for informa- 
tion respecting the schools, or the operation of the rules of the com- 
mittee, and shall receive and notice all complaints, whether from 
parents, teachers or puj)ils. 

8. He shall fix a time, (not less than one hour each school day,) 
when he niav be seen for all j)urposes connected with his duties ; and 
shall cause notice of the same to be fixed at or near the entrance to 
his residence. 

9. He shall receive, or cause to be received, under his responsi- 
bility, the assessments due quarterly from each pupil. He shall credit 
the amount received from each school, and compare the same with 
the whole number of jiupils in said sciiool ; and if there be a defi- 
ciency, shall ascertain and report the cause to the committee. He 
shall also record the names of pujjils, who, on investigation, shall be 
found unable to pay their assessments, and shall furnish them with 
free tickets of admission. 

10. He shall j)urcliase, or cause to be purchased, under his re- 
sponsibility, all books needed for the several departments, kee])ing on 
hand a number of each kind sufficient to meet the demand. He shall 
record the number and kind of books distributed to each school, that 
the same may be compared with the teacher's account of books re- 
ceived. All sums thus paid for books and stationery, shall be allowed 
by the committee out of the assessments, whenever the accounts, with 
the proper vouchers, shall have passed the auditing committee. 

11. He shall see that all necessary repairs are made to the school- 
house ; that they are cleaned at the close of each quarter; that stoves 
are put in order and fuel provided, at the proper season ; that each 
school-room is in perfect order, and ready for occupation at the com^ 



7(> M1SCELT,ANF,0US. 

meiu'(!incMit oC vm-\\ (|M!irt('r. When the cstiiiKitc of nny expciulitiiro 
tluis made shall exceed twenty dollars, the suliject shall he first hiid 
bel'ore the eonnnittee. 

12. All incidental expenses shall he made under his diiH-ction, 
and no bill, whether jbr salaiies oi- incidental expenses, sliail be ])aid 
by the ti'easurer, until examined and ])ronounced correct by the 
superintendent. 

It shall be his duty to deduct from the salaries of teachers, such 
time as they may have lost from sickness or other causes. 

All bills shall bt; paid as soon as possible alter they have been in- 
curred, and all accoiuits settled before the annual town meeting;. 

13. When u teachei', by sickness, or I'or any other reason, is pre- 
vented from attending; school, such teacher shall cause notice to be 
friven inuni'diiitely to the superintendent, whosh.all provide, in the best 
possible way, I'or the continuation of the school. 

14. He sliall examine, on or before the last day of eacli quarter, 
all pupils in each school reconnntMided by tlu; principal of such school 
for achnissiou to a school ol hiolier ^rade ; and his decision shall be 
linal. 

1'*. lie shall examine all candidates for admission into tlu' schools, 
from liunilies ivmovino- into town, and all pupils not connected with 
any school the pi-ecedino; cpiarter, and shall assign tu them the par- 
ticular school which they shall attend. 

1(). When families renu)ve their residence to another place, the 
sui)erintendent shall decide which school the children of such fami- 
lies shall attend. He shall also decide all similar ([uestious connected 
with the limits assioued to each district. 

17. Jle shall examine, in connection with the teachers, the pupils 
in each school, on the day of examination appointed by the com- 
mittee, lie shall, on the day of examinatioii, furnish each teacher 
with a memorandum of the studies selected for examination, with the 
title of the book and i)ao;e, and the time which shall be occupied in 
each. 

18. He shall require from the principal of each school, a quarterly 
report in accordance with the rules of the committee. From these 
reports, he sliall prepare an abstract in a book kept for reference, 
which shall always embrace the Ibllowini;- ])articulars : 

T. 'i1ie number of pu])ils of both sexes. 

H. The average attendance. 

HI. The names and nmnber of pupils in the Delinquent Class. 

IV. The branches of study pursued ; the time daily devoted to 
each ; with the number of pages studied in each text-book, and the 
number of classes. 



TOWN SUPERINTENDENTS, 77 

V. The names of" ten pupils in each scliool most distinguished for 
punctuality, good conduct, and attention to these studies. 

VI. The luunher of times, if any, the teacher has been absent 
from school ; or has been later in attendance than tlie hour [)re- 
scrihed by tlu; cpmmittee. 

VII. The instances, if any, where the rules of the committee 
have not been strictly observed. 

VIII. The number of books furnished each school ; the number 
and condition of all the l)o(d\s belonging to each school ; the injury, if 
anv, done to the school-house, or furniture; and the cause of the 
same. 

19. He shall also make "a (piarterly report, ri.-corded in a book i'or 
reference, giving a \ie\v of the progress of each school as com])ared 
with the preceding quarter, and embracing all nuitters and sugges- 
tions he may deem of importance. 

20. He shall make an annual report, on or before the third Mon- 
day in March, embracing all the statistics of the schools for the year, 
the changes, improvements, or defects, that have been observed ; 
pi'actical suggestions for the future conduct of tlu; schools ; an ac- 
count of his several duties and the time genei'ally occupied in them. 

21. These regulations shall comprise the duties of the superinten- 
dent until the same are altered by the school committee. 



DECISIONS 



OF 



CASES UNDER THE SCHOOL LAWS. 



It has boon tlionirlit host, so far as possiblo, to collfct all tlie late 
written decisions of the coininissioners of j)ubHc schools, and to print 
them in this edition of the law. They contain the eoinniissioners' 
o|)inion on a variety of matters', and on the mode of interpretino; the 
law ; and, of course, will serve as ojuides to trustees and school officers. 
Those decisions, with a very few exce])tions, have been made since 
the passage of the Revised School Law in 1851. The most important 
of them were made l)y the late commis ,ioner, Hon. E. R. Potter, to 
whose deep interest in the subject of jiublic education, it is in great 
part owino; that the present law was enacted, and whose very inti- 
mate knowledoe of the desiirn and bearinn; of the law, eminently 
qualify him to give authoritative opinions concerning it. The decis- 
ions are given with a history of the case, with the belief that a state- 
ment of the circumstances attending each one, will be valuable to all 
who wish to make apj)eals. 

A lew decisions of the Supreme Court are also given, as establish- 
ing the views of the court on the jiowers and duties of school dis- 
tricts and their othcei's, and several opinions of his honor Chief Justice 
Ames, on the powers and jurisdiction of the commissioner of jniblic 
schools. It is hoped that this pul)lication will assist to interjiret many 
points in the law, and therefore to aid in the vigorous enforcement of 
its provisions, and that it will tend to the improvement of our com- 
mon schools, and the spread of intelligence among all classes of the 
community. 



DECISIONS. 79 



DECISION No. 1. 



CASE OF SCHOOL mSTKICT NUMI5ER FIVE, CUMnERI.ANn. 



1. School Toiic]>cr without a cortificato 
cannot draw " toachors' money." 

2. Irregular procccdiiigH. 



3. IModo of notifying meetings of tlio 
school committee. 



In tlio cnse of llio appeal of Albert Follct, of School District No. 
5, (^iinihcM'laiul, it a])pt'ai\s that, 

III 184(), three trustees were elected. By niisconstructioii of the 
law, they stip|)()S('(I the trustees were to take turns actino; year by 
year. In Octolier, Follet was enfraged and acted. The next year 
Scott, another trustee, acterl, but there is no evidence of his being 
eno;aged. Crownino;shield, tlie other trustee, removed from the; dis- 
trict. But of these proceedings there is no record. 

In May, 1848, a meeting was called by Scott, the clerk of the 
district, and who had also acted as trustee, and Mr. Follet, not an 
elector at the time, was chosen trustee, and engaged. But it does 
not ap])ear that Scott was ever engaged either as clerk or trustee. 
The winter following, Mr. Follet employed Miss Burgess to keep the 
school. At the time she kejjt it, she had not any certilicate, her for- 
mer certificate from the conunittee being dated more than a year 
previous. 

On December IG, 1848, a meeting of the school committee of the 
town was held ; four members present, and the meeting was adjourned 
to December lOth, when seven out of nine mend)ers were present, 
one of the others being dead and the other sick. It is admitted that 
the meeting of the comnn'ttee was not called according to one of their 
own by-laws, which provides that special meetings of the committee 
should be called by the secretary, on request, &c. 

The committee voted that Follet was not the legal trustee of the 
district, and a|)])ointed an agent to establish a school there, and from 
this decision an appt-al is maile. 

It is contended that this meeting was illeo;al, not beinof called in 
the mode pointed out in the bv-law. 

On the preceding facts I am of opim'on, 

1st. That no teachei- can, under any circumstances, be etitled to 
demand any portion of the public; money unless he has a certilicate 
of qualification valid at the time he keeps the school. 



80 DECISIONS. 

2(1. That tlie irreguliirlty of the proceedings in the district lias 
been so oreat, that the district cannot be considered as being legally 
organized. 

8d. 'J'hat akhongh the committee may provide by bv-Ia\v a mode 
of calling meetings of their body, such by-law would not exclude any 
other mode of calling meetings; and if a (p.oruni be ])i-esent, and all 
those who are capal)le of attending have had leasonable notice, and 
there is no charge of any unfair or improper j)roceedings, the meeting 
■will be held to be a legal one ; the committee being a body appointed 
by law for performance of a trust, and the law itsell' j)rescribing no 
particular mode of calling such meetings. 

E. R. PoTTKR, Commissioner of Pub. Schools. 

Kingstcm, W. I., April 10, 1849. 

Approved Ai)ril 20, 1849. 

R. W. Greene, Cluef Justice Supreme Court. 



DECISION No. 2. 



CASE OF SCHOOL DISTRICT NUMUKR SKVEN, liURRII.LVlI.LE. 



1. A vote or decision oi' a school com- 
mittee not involving the merits of a 
case may bo appealed from. 



2. Seliool-houso site iixed. 



In the case of the appeal of sundry persons in School District No. 
7, Burrillville, from a vote of the school committee of the town, 
passed second Monday of Jan., a. d. 1850, by which cei'tain j)ersons 
Avho had |)etitioned for a change of location of the school-house in 
said district, had leave to withdraw their petition because the com- 
mittee were not fully satisfied that the jietition came legally under 
their jurisdiction. 

One question suoo-ested but not arijued on the hearino; was as to 
the right to aj)j)eal from a decision of the nature above- stated, not 
involving the merits of the question. I am of opinion, however, 
that the decision of the connnittee is such as may be a])pealed from, 
and that on such appeal the whole merits of the case may be exam- 
ined and decided. 

It ap|)ears that the district have always refused to accept a deed of 
the lot on which the school-house is now located, and that of course 
they have no legal title to the ground, and that the district owns a 



DECISIONS. 81 

lot on the opposite side of the road from the old school-house on 
which the majority of the distiict are desirous to have the school- 
house stand. 

From the above considerations and others presented, and believing 
that the peace of the district and the good of the school in the district 
would be pi'omoted by a change of location, I do hereby change said 
location, and direct that the school-house be hereafter located on the 
lot conveyed by Mrs. Harris to said district, nearly opposite to where 
the old school-house stands. 

E. R. Potter, CommW of Public Scliooh. 

Providence, Feb. 13, 1850. 

The above decision is hereby .approved. 

Levi Hailk, Justice of the Supreme Court. 

Providence, May 30, 1850. 



DECISION No. 3. 

CASE OF SCHOOL DISTRICT NUMBER THREE, NORTH PROVIDENCE. 

A school district ought not to be divided when it can conveniently establish a 

graded school. 

In the case of the appeal of James S. Healey, Robert Newton and 
others, from a vote of the school committee of North Providence, 
passed Nov. 30, 1850, by which the School District No. 3, in said 
town, was divided into two districts. 

It is contended on one side that under the proviso of sec. 4, p. 1, 
of the school act, the committee had no power to divide the district 
because schools of different grades might be conveniently established. 
It is admitted that there will be more than forty scholars in each of 
the new districts. 

On consideration of the question I am of opinion that that portion 
of the proviso respecting the grading of schools, is to be construed 
as laying down a principle for the regulation of the discretion of the 
committee. It is not definite and positive in its terms, and cannot 
be made so from the nature of the case. Each case must depend 
upon its own circumstances. But before acting in such a case the 
committee should inquire and adjudge that each district will have the 
required number of scholars, and that the schools cannot conveniently 
be graded. 

11 



82 DECISIONS. 

In regard to the facts of the case, takinn; all the circumstances 
together, and "with the probability that tiie population of the uorth 
part of the district from its vicinity to the c\\y must be constantly in- 
creasing, and that therefore the district presents a fa\orable o|)portu- 
nity of carrying out, sooner or later, the a]'parent intention of the 
proviso, I am of opinion that the district should not be divided, and 
the decision of the committee is therefore reversed. 

E. R. Potter, Comnir of Public Schools. 

Providence, April 16, 1851. 

I hereby approve of the decision of the commissioner. 

R. W. Greene, Chiff Justice jSupreme Court. 

April 18, 1851. 



DECISION No. 4. 

CASE OF SCHOOL DISTRICT NUMBER THREE NORTH PROVIDENCE. 



1. School committee may not compel a 
gradation of schools. 

2. Vote to establish a primary school. 



3. School committee have power to 
limit and explain their certifi(-atcs. 

4. School committee cannot delegate its 
general powers. 



In the case of the appeal of the trustees of School District, No. 3, 
in Noith Providence, from a vote of the school committee of said 
town, passed January 24, 1852, refusing to allour certain bills pre- 
sented by said trustees, viz. : Anson H. Cole, for 848.12, for teach- 
ing school to January 8th, and Hannah T. Smith, for $18.00, for 
teaching school to January 23, 1852. 

The parties v\'ere heard before the commissioner of public schools 
on Saturday, March 13, 1852 ; the trustees, Randall and She|)ard, 
and Messrs. Sisson and Willard, chairman and clerk of the school 
committee, being present. 

It appears, that by vote March 9, 1850, the school committee 
recommended the district to build or lease a room for a primary 
school, in the south part of the district, — that at a meeting of the 
district, August 6, 1851, the following resolution was offered : 

" Mesolved, That in the opinion of this meeting, the wants of the 
district imperatively demand the establishing of a primary school 
in the southerly part thereof; I move that a school-liouse for the use 
of the public schools of this town be built agreeably to the recom- 
mendation of the school committee of the town, the buildiiio; of which 
sqhool-house not to exceed -$1,000." 

And it was passed. A school-house was built. 



DECISIONS. 83 

Of tlie teachers employed, Mr. Cole had a general certificate, and 
Miss Smith a certificate for the primary school, near CorHs & Night- 
ingale's, tile new house being intended. 

The trustees changed tiie teachers, and directed Mr. Cole to keep 
the school in the new house, and Miss Smith the school in the old 
school-house. 

The chairman and clerk of the committee, by letter January 2, 
1852, notified tjie trustees that the teachers should be restored to their 
former schools, and that unless the change was made on tiie following 
Monday, their bills would not be allowed. The change was not 
made, and when the bills were presented, the committee voted to 
allow only so much of them, viz. : (•|43,75 to one teacher, and -13.60 
to the other,) as was incurred before Monday, January 5th, " at 
which time the certificates of the said teachers were formally an- 
nulled." 

It farther appears, that the committee, by vote, October 18, 1851, 
authorized their cliairman and clerk, severally, in the absence of the 
board, " to order bills, approve taxes, school regulations, &c., for the 
several school districts, and transact all other biisiness legally trans- 
ferable into their hands." 

The appellants contend that the district schools had never been 
graded, that the committee had no power to grant conditional 
certificates, and that the committee had never legally annulled the 
certificates, (Sec. 14,) or dismissed the teachers, (Sec. 56.) 

On full consideration of the points presented, and which were ably 
argued by Col. Rivers and Mr. Sherrod, for the trustees, and by Mr. 
Willard for the committee, I am of opinion, 

1st. That the sc!;ool committee may promote by advice and 
recommendation, but have no power to compel a gradation of schools 
by a district. 

2d. That the vote of the district, (as explained by th.e vote of 
the committee, which is referred. to in it, and thus made a part of it,) 
does appropriate the new house for a primary school. 

3d. That the committee have the power to limit and explain their 
certificates. To construe the law to recpiire perfection in the branches 
named in Sec. 54, would be unreasonable, and indeed, it is impos- 
sible to make a perfectly definite standard. If so, there is no reason 
why the certificate should not express the degree of qualification. 

4th. That the committee cannot delegate their general powers. 
The powers of visiting schools and examining teachers they are spe- 



HI DI'.CIHIONH. 

ciiilly !iiilli(irl/.('(l lo <lclc<i;!ili'.* 'I'lirrr cnii he no iilijccliiiii, :il:;(), to :i. 
coiimiit h'c mil lioii/.iiin_ i|;; oHIccr:! lit tlinvv onlci:. lor |i;iyiiiciil, of liills, 
upon lli)^ |icirot-ni:in('(< of ccrhnn comlilions, ir; on ni;ikin;i; m I'clnni, 
&c. I'.nl lo (|i|r;r,ii(. ;i |io\\ci, whii'li i;i Mi|i|posi'(l lo inijily lliccx- 
• •rci'.r of ;i (liiu'it'lion in iliu coniniittfc, Hccnri contiMiv !•• llif inlmtion 
ol' ilic liiw in ;j,ivinj.;,' Hndi powci' lo llic i-oinniillcc. 

'I'lic I'oniniilli'c Ii;i\(' the nmlonlili'il liiijit lo ;iininl !i cfrt ilicnlc, or 
dismiss )i Icaclicr, lor (^mul ciinHc. No pnrlicnhr form in ncct-ssiiry 
lor ditinj'; lliiH. I'nt. llic IriiHlccs slionid Ix^ pjiiinly inlonrK-d tli:il tlio 
crrlilic'ilf is :iniinlli(|, or lln- li;i(lici- dismissed. And iIm' lc;iclifr 
slionid Im- nolili'il^ llial In' ni;i\' have :i ciinncc lo di'lcnd liim.cll. 

I ,",(•(• no ri'Mson, I ln'icloir, why iVI r. ( !olc's liill slionid not lie |i;iid, 
III- li;ivin;i )! nrnrrid rri I ilicMlr ; :nid rium considi-nil miis (I'l'iinily, 
:ind hrlirviii'i; lli:il llic Inislrcs did nol. consider tli;il llie\ were violii- 
lillH' ihe liiw, Ol' llie hiui'nl reenliitions oi' llie eoinmillee, I tliink tlllll. 
Miss SmillTs Kill, id.o, shonid Lc piiid. 

The lowii I riMMii er ol' ihe lovvii ol' Norlh I 'rovideiice, is lierehy 
niilhori/,e(| :ind rei|niicd |o pny onl ol ;iny money in his oilier shind- 
in;i; lo ihe eredil oT H:iid dislriel Ni>. '■'>, (or if iiol, ;i|)|»orlioned, then 
out olMiiy sehool money in Ins oHiee, ) the ;;iiin ol lorlv ei<dit dolliirs 
and Iwehc cents, In Anson II. ( 'ole, :iiid the sinii ol' eiejileen 
doljiirs HO Miss llmmali !'. Smith ; and in ease the linstees lia\c paid 
ihe same, or eiilier ol'lhem, llieii lo pay it to said Iriislees, and lor so 
doiiii'; this shall he his snUieieiil warrant. 

10. \i. I'o'iri'.H, (^iiniin'r (if /'ii/ih'c Sc/iho/h. 
I'rovideiice, March -J)!, \Hr>± 



OPINION ()!<' I'lih: siirKi<:Mi': coiiirr, (Iukkni:, d. .). 

Till' roniiniK.'iiiiiii'i' rioiiiiil ilinw i n ili'in mi llii' Inuii I ii'iiMi ici'l-'. 

The I'ollow in;.', di'fision of (he Supreme ( 'oiirt, made Ma\ 10, I Mr)'2, 
relates lo the I )eeision No. I. Il will he -eeii on e\amiiialion thai it. 
only alleets the mode ol' eariNiliv, ilili* ellecl ihe decision ol' the com- 
ini .sioiier ol' pnMie schools in a case appealed to him : 



+ lly III,. Mclinul luvv i.r is;i'.), Ihii riiiniinll.Mi wno ..N|in>HMly iml lii.il/ril lo ilnli-gali 
Al,i, ihc'ir |io\\ ni ri, Mild llm |uiii'l icii wiiii |iliiiliu!l i vc ol' j','''"' I'Vll- 



DKCIHIONH. 



86 



Siini i;m !■; (loiucr, Monhav, l\l;iy 10. 

Mii\vi-y Itiiii'hil ;iiiil Miiotln'i- \ ;. Z 'Inlcs \Vr| Ihti-II, low ii I rcMsiircr 
of Noi'l li I 'rc)\ idi'iir'c. 

A |i|ili(','iliiiii lor ,1 iii.'iinl.'inni ;. 'I'li<- :i{i|ilii':il loii :.l:ili-(| ||i;il l|i('fi|) 
|)lic;iiil:;, lrir;trc;; r.l' Si-IkmiI I )i:;liicl No. :'., of Norlli I 'i(.vii|ciiir, '^ did 
on d.i\ oC A. I). I'^.il, ciuiiloy one An. on li. ( loli-, ns lr;ic|icr 

in s;iid dislri.-l, nnd lliiil on llic •'■il li of .);inn;n'y, I Hi)ii, tlnic uni )n.ll_y 
dnc lo siiid ( !oli', ;is li'iudnT, \\\r snni of .tlH. 1:!. 'I'lijil s;nil lni',lrc:i 
iilso nii|»lovrd oni' Ihinnidi T. Sniitli, ;is .'i lr;icliir ni i;;iiil dislnil, ;ind 
on llic 2>id ol' ,l;inn;irv, liS.iL!, llinc \v;r; jn.llv dni' lo :.:Hd ll:inn:ili, 
IIk! Hinn dI'I'IH. 'I'JiMl llic, I' Itills wrir dniy |»i'('HrMl('d to IJn- t.cdiool 
corninilli'c o( siiid lown lor |i;i ynn'nl , Iml siiid foinniiltrc, .):uuiiiry 
21, 1 Hr)2, Ity vole, ri'lini'd lo allow said lidl;, a; llicy wci'ti liy law 
l)(»imd to do, pri'lrndiii;^; llial. lln'y wi-rc nol, due, and llial ili'' di:.lri<'l. 
was niidi-r no Ic^'al oI)li;,'alion lo pav ll"' anM. ' 

I'roni llii'i \()li' ol' lin- coniniilli'i- an a|i|ii'al wa ; lal.iii lo IIh- roni 
inissioni'r ol |inlilii' m'IiooI.,, wIio di-cidi-d ihal. lli<' lidl . f.lionid li<- {laid 
and drew an ordci' on llic lown In'a ancr lo pay oiil of any money ni 
Ins ollicc, ilandni;' lo lIn' crcdii of said disliicl, or oiil ol any sidiooj 
niopcy III lii:; ollii'c, ;;aiil saiiiii lo Anson II. < lolc and llannali T. 
Sniilli. 'I'lii . Older iIk! lown Insa surer ndnscd lo (•<»in|ily willi. 

A rnle lia\iii;" Im-ch <.ri'aiil.(Ml lor llic naid /(doles VVi'lJici'eli lo ap 
|iisar .iiid show cause wli)' s;aid siiiiu; ol inoiicv have nol heen paid, 
and why ho should iiol. ho coiniuaiided Ity iho court to pay llie saino. 

{{.ivei's lor llii' pelilioiii-rH cilod seclions 2IhI,, !L!;)d aiiij <»r»l|i, or^'iiii 
ad lo revi (■ and amend ihc laws, rcMidaliii" piihlic schools," and ad 
milled ihal iho kI;'iI nli- ea v(! llm comnii ^ lioner no diieei, aiilhoril.y lo 
draw llii;«»rder, hiil. llial llie ad, liavin;^ eiven an apoeal Ironi iho 
town coiiimillec, who were compelent todr;iw lln; order, ihc appeal 
to llie c()iiiniissioner carried with it hy imphealion ihe iiieiilenial power 
lo draw the order of pa\nienl . 

Till' coiirl lia\iie'; inlimaled lli.al ihe proper mode of proeeediii;'; 
Wfiiihl ha\'e heen lor ihe coininis loner |o have ceiiilicd ihen decision 
hack lo llie lown commillec, and ihat upon iheir lelu ,al lo <lraw ati 
order lor ihe payinenl ol' ihe sums decideil lo he due, a m.iiidaiiMlH 
mi^^llt issue lo cijiiipel ihein so lo <|o. The I'liliher heariiie ol' ihc 

case waH poslpoiied, ih.it ihir court miehi, asccrlaiu llio vicwn vvlii(di 
puidcd llio school coniniissioiicr in his proccedines. The casi! waH 
li<ard Salnrday, May Hth ; and now, llie court liaviic' conrerriMJ with 
the school coinini.isionc/', their jud;niienl. waHd<divered hy (irc(;nc, (I. 



80 J)ECIS10NS. 

J., (iiftcr statino; the case.) TIio (lifHfiilty wlucli the court experi- 
ences ill this case, resuHs from the 21st section of " tlie act to revise 
and aMieiul tlie law re;2;ulatiiii>; puhlic schools," which defines the 
duties oC th(! town conimitlec. This section ])ro\i(I('s that the town 
committee shall (h*aw orders upon the treasure)- for tlu; ])avment of 
)noney due, in conformity with the law : Provl(hd, " that the com- 
mittee shall not l)e ohiioed to ^ive any order until they are satisfied 
tlie st-rvices have actually been performed for whicli the money is to 
he |)aid.'" They are to decide when money is due, and, havinff so 
di'cided, lo di'aw an oi'der for its payment. And tlu; 2''>d section of 
the same art prescribes, that " the town treasurer shall receive the 
money <lue Irom tlie State tivasnry, and shall kee|) a separate account 
of all money appropriated by the State, or town, or otherwise, for 
|)ul)lic schools, and shd/l /la// iJir t^K/iic lo iJic order of (lie school com- 
milfef.''' These two sections are exceedmolv sionificant. '^J"'lie first 
])rescril)es wlio shall di-aw the orders, and the other what orders the 
town treasurer shall be bound to pay. The (iritli section of the 
school act eives an appeal from the decisions of the school committee 
to tlie commissioner, whose decision is to be final. But the com- 
missioner, by this section, has only authority to atHrm or reverse the 
decisions of the town committee, but has no autlioi-ity to draw orders ; 
and any orders drawn by him, arc; not obliiratory upon the town 
treasurer. We think the proper course foi- him is to adjudicate upon 
the appeal, and certify his decision to the town committee, retpiesting 
them to draw the order reipiired, and, if thciy refuse, a mandairuis 
may be <2;ranted to compel them to draw the order. 
Wei'den for defeudant. 



DECISION No. 5. 
CASK ov SCHOOL nisiKicr numiuih tiihkk, Noinii puovidknce. 

1. (loiiiiiii.MNioiicr may ri'hoar caHos. i 3. School coimultluo to dniw uu order. 

'2. J'\)iiiuir decision coiilirnicd. | 

In the case of the ajipeal of the former trustees of said district from 
a vote of the school committee of the town, passed January 24, 1852, 
refusin;:; to allow certain bills presented by said trustees. 

This case was stated and decided by the commissioner on March 
23, 1852, and an order directed to the town treasurer of North Provi- 
dence, for the payment of the bills. 



DECISIONS. 87 

The Supreme Court subsequently decided tliat said order was ille- 
gal, and that the decision sjiould have been certified to the school 
committee, for theui to carry into effect. 

On the 5th of June, 1852, a notice was issued to the school coni- 
mitttee to show cause why an order should not be made for them to 
carry into effect said decision ; and on the 12th of June, Messrs. 
Sisson and Willard, on behalf of said committee, apjteared and asked 
for a I'urthe)' heariii<>; in the case, which was allowed — the old trustees 
ohjeclin^- to tiie ri;i;ht to allow said reliearin;]!;. 

The cennnitt<'e contend that the cei'tificate of ('ole, though n(.iieral 
in its I'orin, was by their practice limited ti> a (grammar-school, and 
that this practice was genei'ally understood ; that the sub-committee 
had ])o\ver to annul a cei'tificate ; that their letter did annul it, and 
that the whole committee subsequently approved it. 

The other facts, points of law and arguments, are fully stated in 
tlie former decision. 

On further consideration, I am of opinion that all the points of law 
before stated and decided were rightly decided ; and further that the 
commissioner has a right to allow a rehearing for good cause, in his 
discretion ; but so much of said decision as allows the bill of Miss 
Smith, is reconsidered and reversed, it not being in the j)ower of the 
commissioner to dispense with the teachers' having a legal certificate. 

And so much of said decisio)i as relates to the bill (;f said Cole, is 
lierehy confirmed, and the school committee of said town ai'e hereby 
requested to di-avv an order on the town treasurer of said town for 
the payment thereof, being forty-eight dollars and twelve cents, to 
said C(jle — or in case of said former trustees having paid the same to 
said Cole, then to said trustees. 

E. R. PoTTKH, Comtnr of Public Schools. 
Approved, Richakd W. Gukeni-;. C. J. >S'wp. Court. 

August 14, 1852. 



DECISIONS. 

DECISION No. 6. 

CASE OF SCHOOL DISTUICT NUMBER SEVEN, BUKIMT.TA'II.LE. 



1. A district may rescind a vote order- 
ing a tax find postpone the payment 
of it. 



2. A dintrict may Ijorrow money and 
jj^ivo a note. 

3. Co.sts of suits in court against a dis- 
trict must be paid by the district. 



OJIice of Commisnoner of Public iScJwoh, ) 
Providence, Oct. 2o, 1853. \ 

In the case of the appeal Syria Sherman and others, from a vote 
of the school committee of Burrillville, passed August 23, 1853, ap- 
proving of the tax of $1,450, voted by District No. 7, in said town, 
for buildino; a school- house and other ex])enses. 

The ((uestion is presented wliether a district having voted a tax 
according to a particular town valuation, can rescind the vote, post- 
pone the ])a}ment, and hire the money upon a note of the district. 

I cannot see any objection to the right of a district to rescind a 
vote ordering a tax and postpone the payment of it. The object and 
effect may sometimes be to include ])ro})erty and persons afterwards 
coming into the district. Whoever comes into a school district be- 
comes a sharer in all the advantages of the school and district 
property. If by their coming, an addition to the school-house is made 
necessary, such new-comers or new property do not pay the whole 
expense of such addition : the former inhabitants and proj)erty have 
also to pay a portion, and sharing in all the advantages of former tax- 
ation, it does not seem unreasonable that the new pi'operty should 
also share in the burdens. In the present case the school-house was 
probably built larger than would have been necessary if it had not 
been expected that there would be an addition to the population of 
the district. 

Any creditor of the district wdio may be injured by such postpone- 
ment has a remedy provided by law. 

As to giving notes, a district has the undoubted right to make con- 
tracts lor certain purposes, upon which contracts they may be sued 
and the debt and interest recovered of them. A note given to such 
a contractor would be only additional evidence of his claim. And 
there seems to be no legal objection to the district hiring money of a 
third person to pay a just debt contracted for purposes authorized by 
law. This has been tlie construction always })ut upon the law in 
practice, and it appears to me sound. 

An objection is also made to costs and attorney's fees. The costs 
of court in a suit decided against the district must of course be paid 



DECISIONS. 



89 



by the district. And tlie reasonable charges of an attorney for de- 
fendino; tlie suit are jiroper to be allowed. But services rendered by 
an attorney to any ])eison in contests with other persons in the dis- 
trict about district business must be paid for by the person for whom 
they are performed. 

Objection is also made to allowance of comjjound interest. This 
could not be recovei'cd of tlie district at law, but I see no objection 
to the district's agreeing- to ))ay it, and [laying it if they see fit, as it 
would be in the power of the school couunittee to prevent any excess 
or abuse of the right. 

I therefore contirm the vote of the conunittee approving of said tax. 

E. R. Potter, Comni r of Public ^Schools. 



DECISION No. 7. 

CASE OF SCHOOL DISTRICT KUMBER THREE, NORTH PROVIDENCE. 



1. School coinmittco may limit, thtir cor- 
tificatos, but general ceititi(;ates must 
1)0 construed to tlicir plain purport. 



, School committee cannot d"logato 
the powor to annul a teacher's cer- 
titicaCo. 



Office of Commissioner of Vuhlic Schools, | 
Providence, January 8, 1853. ( 

Appeal of Mowry Randall from certain votes of the School Com- 
mittee of the town of North Providence, October 16, 1852, by which 
the bills of Anson H. Cole f(jr keeping school in District No. 3, 
amountuig to $122.50 ; Miss Hannah T. Smith's for -103 ; Miss Abby 
W. Thurber, for $31.50, were rejected. 

After several adjournments, the case was heard at tlie office of the 
commissioner of ])ublic schools, December 18, 1852, the committee 
having been notified, and Messrs. Sisson, chairman, and Willard, of 
the conunittee, being present. 

A part of the facts necessary to understand the case are stated in 
a former decision made Marcli 23, 1842. 

Mr. Cole had a certificate, general in its terms, and after the former 
decision continued to keep school in the same house, namely, the new 
or primary school-house. 

The conunittee contended that the certificate of Cole, general in 
its terms, was by their practice limited to a grammar-school, and that 
this practice was made known to the trustees by the sub-committee's 
letter of January 2, 1852, if they had not known it before. 

12 



90 DECISIONS. 

On coiisit]eration I adhere to the decision formerly made upon this 
point, that althoiioh. tlie committee have tlie power to limit their cer- 
tificates to particular schools, yet if they see fit to give a certificate of 
general qualification, it must be construed according to its j)lain pur- 
port, and to allow the written certificate to be contradicted or varied 
by any understanding not expressed on the face of the certificate itself, 
would be a dangerous practice, leading to e6ntinual misunderstanding 
and litigation. 

But it is further contended that even if the certificate be a general 
one, and would allow Cole to keep in any grammar or primary school, 
that his certificate was annulled by the sub-committee's letter of Jan- 
uary 2, 1852, an<l that if the sub-conunittee had not the power to 
ainiul it, the subsequent recognition of it by the committee aiuiulled it. 

In the former case, it Mas decided that the sub-committee had no 
authority to annul the certificate. 

It is contended that tlie true grammatical construction of section 
14 of the school law, authorizes the committee to delegate to a sub- 
com.mittee the power of anindling certificates. 

The ])()wer of annulling certificates is an important one. It gives 
the conunittee a control over the teacher — it authoiizes them to pro- 
nounce a judgment against him for unfitness or misconduct, which 
may have the effect of ruining him in his pi'ofession, and of injuring, 
materially his prospects for general success in life. If the construction 
was doubtful, these considei'ations would incline me to lean against 
the right claimed for the committee to delegate this power. But the 
construction appears to me to be plainly, that the committee have not 
the right to delejiate. 

And if the sub-committee had not the power to annul the certificate, 
the subsequent recognition of it by the committee would not render 
it valid. 

In this view, it is not necessary to decide whether, if the'sub-com- 
mittee had the power claimed, their letter of January 2, 1852, would 
have been sufficient to annul the teachers' certilicates. 

I^or is it necessary to decide concerning Cole's former bill, as that 
has been settled since the appeal, and on the reconsideration which 
the committee ask, I cannot see any reason to change the opinions as 
to the law formerly exj)ressed. 

It being admitted that Miss Smith kept school in the house to 
which her certificate limited her, and her bill being rejected only on 
the ground that her certificate had been annulled at the same time 
and in the same manner as jNIr. Cole's, this question is settled by the 
remarks already made. 



DECISIONS. 91 

As it is stated by the commiitee that Miss Tlmrbur's bill was post- 
poned, not rejected, and thai tlie certilied copy presented from the 
records is in that instance incorrect, (by mistake, however, not by 
design,) no decision is made in relation to her bill at |)resent. 

The decision of the school committee of the town of North Provi- 
dence respectino; the aforesaid bills of Cole and Miss Smith, is liereby 
reversed and said bills allowed ; and the said committee are requested 
to carry the decision hereby made into effect, and to draw an order 
upon the town treasurer of said town in favor of Anson H.Cole, for 
the sum of one hundred and twenty-two dollars and fifty cents, and 
an order in favor of Miss Hannah T. Smith, for the sum of sixty- 
tln-ee dollars, or in case tlie present or former trustees have paid 
cither of said bills, then make the order for such bill in favor of the 
person so paying it. 

E. R. Potter, Comm''r of Public Schools. 



DECISION No. 8. 

CASE OF SCHOOL DISTRICT NUMBER THREE, NORTH PROVIDENCE. 

A town superintendent of public schools must be appointed by the vote of the town, 
or by the school committee authorized by vote of the town to appoint. 

Mowry Randall, of North Providence, former trustee of School 
District No. 3, appeals from a vote of the school committee of said 
town, passed Jaiuiary 15, 1853, rejecting the account of Miss Abby 
Thnrbur, amounting to $31.50, for keejiing school in District No. 3, 
of said town. 

The scliool committee were duly notified, and after two postpone- 
ments tlie case was heard before the commissioner of public schools 
at the state house in Providence, on the 19tli March, 1853, the 
appellant and Messrs. Joseph T. Sisson, J. H. Willard and J. Mowry, 
of the committee, being present. 

It appears that Miss Thnrbur had a certificate, general in its form, 
and not limited to any particular school ; that (there being more than 
one school-house in the district) she was notified by a sub-committee 
appointed by the school committee ; that her certificate was annulled 
as soon as she began to kee[) in the old schqol-hoiise ; and that she 
did keep in said old school-house. 



92 DECISIONS. 

Thu siih-cotninitteo was :>i)])r)Iiitc'(l hy tlic following v()t(>, passed 
October 1(S, 18r)2 : " VotiMl, tli.it. in llio ahseiu'c of the board, tlie 
eliairmaii and the secretary be se\erally authori/sed to order bills, 
appi'ove taxes, school remihitioiis, itc, lor the se\eral school districts, 
and ti'ansact all other bnsiness lej^ally tianslerable into their hands," 
a copy of which vote is produced, certiiied by J. II. Willard, clerk 
ol said committee. 

]Iavinn; decided in a case between tlic^ same ])arties, tliat the com- 
mittee had no ri<i;ht to deleoate the power to annid a Certiticato to a 
snb-comnuttee, and that a recognition oi' it by the committee would 
not ^ivi- \alidity to it, and h;i\ in;j; on reipiest I'econsidered the argu- 
ments, 1 see no ri'ason for chanii;in<i; those opinions. 

But on the liearin;j; in this case, a lu'w j)oint is made, namely, tliat 

the snb-c()n)niittee who aniinllrd the ci-rtilicate was a supei'inti'udent 

of schools, with all the ])owers of the committee under section 7 ot 

. the school law, and of c()iu'st> had full power to annul the certificate. 

Section 7 ol' the school law is as ibllows: "■ Any town may appoint 
or authorize its school commiltee to appoint a su|)crintendent of the 
schools of the town, to ])erform, under the advice and direction of 
tln' conunittee, such duties and exercise such powers as tlie coimnittec 
may assi;:n to him,"" i*v:c. 

It a|)pears that the town, in town mfetinLi;, -luue -), lvS,")0, "■ voted 
that the school con)mittee be anthori/,e(l to a])])oint an aoc-iit to visit 
the schools, at a compensation not exceedin*:; one hundred dollars, to 
be paid from the public school money," a cojjv of which is certified 
by the town clerk. 

There is no evidence on record of the a]i|)ointment of any a^ent 
or supei'intendent by the committee, but the certificate of the chair- 
man (Joseph T. Sisson,) and clerk, John II. Willard,) is offered to 
])rove that on th(> iSlh ()ctober, KS.")1, (the same day on which the 
vote before ii'citcd dele^atino- po\M'r to the chairman and clerk was 
passed) the followini;' vote, or a voU" in substance as follows, was also 
passed: '^ Voteil, that John II. W'illard l)e superintendent of the 
jmblic schools of the town for the current vear, with the ])rivileo;e to 
employ, if necessary, suitable jjcrsons as substitutes, siu'h seivices to 
be compensated from the residue of the appropriation of $100 voted 
last year by the town for such |)nrpose." 

Evidence to correct or supply omissions in the records of school 
oflicers I think may pro))erly be admitted. In the case of clerks of 
districts, it seems al)S()lutely necessai'V, as they are often uuactpiainted 
with the forms of doin<4 business. In the case of a sch(>ol committee, 
however, the presumption is stronger that they are competent men, 



I)K(;IHI()NH. 



93 



a'nci will bo cnivfnl to sec tlint tlicii- record is well kc])!. \ rl (>vcn 
Mere <i;r{'!it iiii'^cliicr niielit rcsiill IVoiii (•xcliKliii;^ nil cv idciici' otiici' 
tliaii till' rcciird. Kiit it slioidd Ix- received with nreat cnutioii, as 
alter any coiisiderahle leii;^tli of lime, pai'lies ini^iit iiol recollect it 
alike. 

That a vote not recofded was passed al the meetiiii;;, is coidiniied 
by the |)riiited I'eport of t he coiiiiiiittee I'or thai yeaf, in which i\Ir. 
Wilkii-d is spoken ol'as liavino; been appointed a^ent at the precediiin; 
Octobef nK'etiii<i, with power to provide substitutes. The term used 
throni;liout the report, however, is (tt/fiil. and not siip(Minten(lent. 

On this state of tJU'ts tin; _//r.s/ (pieslion is, Did the vote ol'the town 
contemphite or authorize the committees to appoint a superintendent, 
siudi as is pro\'ide(l for by section 7 ol' the law V it seems plain to 
\uv. that it did not, but that it meant oidy to |)rovide Ibr the visitin<f 
the schools, an important duty, butoCren neij;lected. The law author- 
izing the appointment ol' a siiperiutendeut was not |)asse(| until alter 
tliis \<)t(! of the town. 

As till' committee must derive their authority from a vcjte ol' tiu> 
town, it becomes uniu'cessary to notice I'urther the proceedings of the 
coiiiniittee. it mav be |)roper, however, l(t observe, that, t he snb- 
cormnittee who annulled the ct-rtilicale did not style liimseH' sui)erin- 
tendent, and that if he actually had l)een superinteiidint his proceedings 
woidd not lia\'(! needed any conlirmation b\' the c<)nnnittee. 

A considi'i-able part of tlie dilliculty ajipears to have arisen from 
mistake of the law, from not distinii;uisinn<i; between an ay;ent to visit 
schools and a su|)erinteiident. II it was the intention of the town 
to authorizes the committ<'e. to appoint a superintendent, and to (hde- 
eate to him their whole ])owers ; their vote should |)lainly say so. 

'J'he decision of said committee, rejectinii; said bill, is tliere(oi-e 
reversed, and said bill allowed, and said committee are ri'ipn'sted to 
carry this decision into eU'ect, aiul to draw an order on thi- town 
.treasurer of said town in favor of Miss y\bi)y Thurber, I'or the sum 
of thirty-one dollars and lil'tv c<'nts, or in case the pi-esent or former 
trustees, or either of them, have paid said bill, then to make the 
order for said bill in favor of the |)erson so l)!»yinn; it. 

E. R. I'orriJi, Cumtur of Paldk Schuoln. 
I'rovidence, JuneS, 185:). 
I aj)])rove of the abo\(; decisioji. 

Jt. W. (jiiiKKNK, CJdrf 'Justice Supreme Court. 



J)4 DKCIRTONR. 



DECISION No. !>. 
CASK oi' s(;ii()()i, Dis'i'iiicr numiuck r\vi;i,vi;, iiiiKuii,i,vn,i,K. 

A votd of a Hiliool (listiii't. to l;i.\ rimiiot lie rcjHciinlrd iirtcr ;l IhwI'uI coiit met liiis 

Ijrrii iii.'uli; under il,. 

Ill tlic case! oCllic apitlicatioii of Sli'])ln'ii A. Salishury, late ti'tistoc 
of ScIkidI District No. 1"J, of lluirillvillc, I'oi- tlic assessment and col- 
lection of a tax upon said district. 

Tlic |iarti<s were licai'd l)V the couiniissioncr at a niee!in<>; at the 
district school-house, May 'J I, IS;"):!, called l»y notice issued by the 
coniinissioMcr, and |)oste<l up on the door of the schooMionse. 

It appears that at a district ineetinii; legally notified and held on 
tlie 4th Dec, lS,'>iI, the district voted a, tax ol" thirty-Hve dollars upon 
the propei'tv of the district, in order to continue the district school 
three months, and the; tax was suhseipiently ap[)roved hy the com- 
mitttM; ol" the town. 

'I'lie trnstei; employed a tca(dier and (;oimneneed the school on the 
1-Uh Decend)er. 

Jan. I, 1(S.V!, several ])ersons a|)plied to the trnsteu to call a special 
Tneetin<2;, and a iu)tic(! was issni'il callinif a rneetin*^ to he, held Jan. 
10. 'I'lie nicetin;;' was applied I'oi" " lor the purpose ol' considerinn; 
the present tax, as then- are j»ei'sons taxed, who live and are taxed 
on the same property in another district ; also ])ro|)erty in the distiict 
not taxed." The notice also s|)ecilie(l otiiei' ohjects, hut no notice 
was njiven of any pro|)osition to rescind the tax, nor did the recpiest 
refer to any such intent, nnhissit is implied from the fort'<i;()ino' words. 

7\t this meelin<j,' the district voted to I'escind the tax and to direct 
the trustee to discontinue the school as soon as tlu' puhlic moiu'V was 
expended. 

'I'he trustee contends that he was authorized hy the district to make 
the contract he did, and that the district had no rii.;ht to i'escind alter 
the contract was made. 

Under the old school law, ii'a district made a contract or authorized 
one to he made, and then refused to provide tlu^ means of I'ullilliiiej it, a 
suit mi<ilit have been Lroueht a;j;ainst the district in the State courts 
and dama<;es and cost recovered aiiiainst the district. 

As this was expensive to holli parties, the revised law, sec. 4(), has 
])rovide(l in addition to the renu'dy hy suit which still remains, that 
'•'•if a district, tax shall he voted, assessed, approved of, and a citntract 
legally entered into under it, or such contract be legally entered into 



DECISIONS. 95 

witliont siicli \()to, asscssnuMit. or Mpprovnl, and said district shall 
tlu'rcaCtcr lU'i^li'ct or rcl'iiso to lirocced and (collect a tax, the com- 
inissioiuT ol" |nd)lic schools, after notice and liearnin' the ])arties, may 
a|)])oint assessors to assess a tax and issni^ a warrant to the collector 
of the (listi'ict, or to a collector by him appointed, anthori/in^" and 
reqnii'in;;- him to proceed and collect said tax/' Under this section 
the ]iresent application is made. 

The i'aet of tlie lax hein^' assessed, or ol its having' been apinoved 
by the committee, would not take from the district the ri<i;ht toi'escind 
it. The whole turns upon the (piestioii whelher a contract, was legally 
entered into under the vote of the district, and I am ol" o|iinion that 
it was, 'I'he district tiierefoie could not i-eseind it alter the contract 
was madi", without heini;- liable t(j a suit for damages or to a })ro(,'ess 
]ike that now applied for. 

It becomes tlierefon; uiuiecessary to decide wdu-ther tlio iiotico for 
tlic second meeting was suflicient to justify the district in rescinding 
the tax. 

As a general rule, it is not advisable for district ofKciM-s to proceed 
in expt^nding money oi* making a contract unless they ai-e satisfied 
that a majoiity of tlu; tax-])ayers, absent as well as j)resent, are liiirlv 
in fax'orofit. A nu're accidental majority occasioned by absence of 
opjionents is inisafe. And if a case shoidd aris(! whei-e district officers 
should nndei'take to avail themselves of su<di an accidental majoiity, 
and thei'e should be any appearance ol" a design to anticipate or pre- 
vent a I'cpeal ol" the tax by entering into a contract i)efore there 
could lit! time lor having another meeting, the commissioner of j)ublic 
schools would not lend the aid of his ollice to tlie euloi cement of it, 
but would leave the parties to their action at law. 

In the present case, however, there is no evidence but that the 
trustee acti-d faii"ly and honestly. 

The ])roper process nnist therefore be issued for assessing and col- 
lecting the ta.\ according to the bei'ore-mentioned |)i-ovisions of the 
law. 

E. R. ]*()'n"KK, Cumin r of Pidd'u: Sehooh. 

Providence, .June 8, l85o. 

I approve of the above decision. 

li. VV. (jiKKKNK, Chief Justice iS up. Court. 
June 10,1853. • 



96 DECISIONS. 

DECISION No. 10. 

CASE OF SCHOOL DISTRICT NUMBER TEN, NORTH KINGSTOWN. 

School-house may not be used for anj- purpose other than for business directly 
connected with public education. 

In the case of the appeal of Isaac Hall, of School District No. 10, 
of the town of North Kingstown, from the proceedings of the trustees 
of said district, in permitting the school-house in said district to be 
used for a debating society ; the said trustees having been notified 
and lieard before the commissioner at Wickford, on the 1st day of 
February, a. d. 1853. 

Tlie case involves the right of the district or trustees, to use the 
school-house for other pur[)oses than an ordinary school, and depends 
partly upon the provisions of the general school laws, and partly upon 
the conditions of the deed of the lot upon which this particular school- 
house stands. 

Tile following remark upon this subject is made in section 121 of 
the notes to the school act : "A school-house, built or bought by tax- 
ation on the property of the district, should not be used for any other 
purpose than keeping a school, or for purposes directly connected with 
education, except b}' the general consent of the tax-paying voters." 

The rule here laid down is believed to be substantially correct and 
sound. The district holds the property in trust for educational pur- 
poses. Tiie money has been taken from the tax-payers by force of 
law for certain purposes, and for those only, and cannot be applied 
by either district or trustee to any other use. 

I am of opinion that under the school law the house may be used for 
educational purposes collateral to the main purpose, such as meetings 
of the distiict for school business, lectures upon literary or scientific 
subjects, debating societies for the peoj)le or children of the district, 
&c. It may not be easy in all cases to draw the line between legal 
and illegal cases, but it would be perfectly clear that the district could 
not use the house for trade or religious meetings, if any person 
objected to it. 

The question then arises, whether the deed in the present case 
varies tiie rights of parties from what they would be if the deed con- 
tained no conditions. 

By the deed from Joseph Case and others, dated October 11, 1848, 
the school-house lot is conveyed to the district " for the purpose of 
maintaining thereon a district school-house and appurtenances, for 



DECISIONS. 97 

the benefit of tlie district school of said district, and for no other nse 
or purpose whatever, except reh'gious meetings," and it is provided 
" that when said lot of land shall cease to be occupied for the purposes 
of a district school aforesaid, the same shall revert to the grantors, 
their heirs and assigns forever." 

The exception in regard to religious meetings may be left out of 
consideration in the present case. It cannot affect it in any way. If 
the district have no right to religious meetings there, independent of 
the deed, the deed cannot give it to them. And if the district would 
have such a right otherwise it may admit of question whether a pro- 
vision in a deed would deprive them of it. 

Leaving out of consideration the words, " except religious meet- 
ings," the remainder of the first passage quoted from the deed, 
appears to me, on the maturest reflection, to express no more and no 
less than the school law according to the construction herein given to 
it, would have expressed without the deed ; the provision in the deed 
is exactly in the spirit of the law, and neither adds to nor lessens the 
rights and powers of the district or trustees. 

If the first passage quoted from the deed does not vary the rights 
of the district, from what they would be, if there was no such pro- 
visions in the deed, the latter proviso appears for the same reason to 
contain no limitation as to the use of the house, which would prevent 
its being used for the purposes for which I have said the law, apart 
from the deed, would authorize. 

E. R. Potter, ComwV of Public Schools. 

I have carefully considered of the above opinion and approve of the 
same. I have also consulted with Judges Haile and Brayton, who 
concur with me in opinio)i. 

R. W. Greene, Cliief Justice Supreme Court. 
March 4, 1853. 



DECISION No. 11. 

CASE OF APPEAL FROM SCHOOL COMMITTEE OF NORTp KINGSTOWN. 

Scholars cannot be compelled to make fires for school-houses. 

The regulation No. 26, adopted by the school committee October 
25, 1852, is in these words : " The trustee or trustees of each district, 
with the teacher, may cause the fires to be made in the school-house, 
13 



98 DECISIONS. 

by (liroctiiig tlie scholars ot" i\ suitable ao;o, to take turns in making 
the fires, or procure them to be made in any other way they may 
think proper." 

In a private school the teacher lias a right to ])rescribe his own terms. 
The parent who sends chikh-en to the school delegates to the teacher 
the right to govern them according to his own rules, and to punish to 
a reasonable extent for the violation of them. The remedy of the ])arent, 
if he does not like the school or its regulations, is in not sending to it. 

Before the establishment of a public school system, all oiu* schools 
were of this character. The practice of requiring the scholars to 
])eri'orm services of this sort, was generally adopted in the country 
schools, and in many of them has continued to this day. It remains 
to inquire what alteration the establishing of i)ublic schools by law, 
supported by the common funds and property of the State, has made 
in the rights of the ])arties in this respect. 

To a i)ublic school every parent has a legal right to send his child- 
ren. He sends them subject to the lawful authority of the teacher, 
and to the lawful regulations which may be prescribed for the disci- 
pline and studies of the school, but he has a right to insist that no 
regulations be made which the law does not authorize. 

The right claimed, if it exists at all, nuist be derived from the gen- 
eral po\\:er of the committee to make regulations, or from the author- 
ity given to districts and trustees to make assessments on scholars and 
their parents. (Sec. 59.) The latter, however, it is very evident, 
contemplates only assessments to be paid in money and not labor. 

The power of the committee to make regulations is given by sec- 
tion 16, which authorizes them, " to make and cause to be put up in 
each school-house, or furnished to each teacher, a general system of 
rules and ivgulations for the admission and attendance of puj)ils, the 
classitication, studies, books, discipline and method of instruction in 
the public schools." 

It seems to me very plain that the power to make a regulation of the 
character of the one in (juestion is not given in this j)aragraph. We 
might as well infer a right to require the scholars to cut and saw the 
wood. And as I can find no other authority for it in the law, it must 
be considered as unauthorized by law, and accordingly null and void. 

The practical difficulty in the case may be easily obviated by a 
voluntary arrangement on the . part of the parents, or by nuxking a 
small addition to the money assessments, and ])aying some jjcrson for 
attending to it under the direction of the teacher. 

E. R, Potter, Conwir of Public Schools. 
Providence, R. I., Jan. 1, 1853. 



DECISIONS. 



99 



DECISION No. 12. 



CASE OF SCHOOL DISTRICT NUMI5ER FIVE, LITTLE COMPTON. 

A tiustoo of a school district can only bo removed during his term of office for cause. 

Office of Commissioner of Public Schools, 
Providence, May 21, 185-3. 

From the best consideration I have been able to give to tlie subject, 
I am of opinion that a district having once legally made an election 
of any of the otHcers requited by law to be elected, would have no 
right to rescind it. 

The case would be different, however, with persons who were 
merely appointed by the district as a committee for some particular 
purpose. Over such cases the district would have complete control, 
and might remove such ageiits at pleasure. 

A trustee once elected and accepting could only be removed for 
good cause and after notice and hearing. The contrary doctrine 
would lead to continual contests and confusion. 
Very respectfully yours, 

Elisha R. Potter. 



DECISION No. 13. 



CASE OF SCHOOL DISTRICT NUMBER THREE, NORTH PROVIDENCE. 



1. A person who has the legal qualifica- 
tions may vote in. district meetings, 
oven though his name is not on the 
town voting list. 

2. A district has no rialit to Luild 



on a lot till it has a legal title to 
that lot. 

The power to divide a district lies 
with the school committee. 

A district should not make a contract 
to build till a lot has been secured. 



Office of Commissioner of Public Schools, } 
Providence, October, 80, 1854. j 

In the case of the appeal of Stephen Randall and others, from a 
vote of the school committee of North Providence, relating to the 
location of a school-house in District No. 3, in said town, aiid from 
all the proceedings of said district in relation' to a new school-house ; 

A hearing was appointed for October 10, 1854, and the clerk of 
the school committee and the clerk of the district notified thereof, 
and the hearing was then adjourned to October 14, 1854, when par- 
ties appeared and were lieard for and against said appeal. 



loo 



DIICISIONM. 



It. :i|)|)(';ii's lliut oil .JiiiK! iJOlli, :i, disLi'ict iiictiliiiij; was licid, duly noti- 
fied, wiicii tliL' district voted to build a, ii(!\v liouse, and |)i'o('ur(! ;i 
siti; for it, and also to raise; up tin; West River seliool-liouse. At an 
adjourned meeting, -Inly •'"'lli, a tax was votecj " sullicienl- imt not, to 
exci'cd llic snni of '1|i.),000 Cor llie loilowin^j; purposes," vi/. : to liiiild 
tln! new house, to raisin the West Kiver house, to ])ay the dehls (jC 
the distiicl ; and a couniiittce was ajtjtointed to hiiild and " (ttherwiso 
do all such hnsiufss reipiircd in the ])iist scciions ol" tlio warrant." At 
an adjourned nieelinu;, July ITtli, Ji^lizii A noi-jl liavin<f offered to <;ive ii 
lot to the disti'iet for a house "so lonjj; as it may be used Ibr educa- 
tional and religious |)urposes," a vote oi' thanks was jiiissiid. ( )n -Inly 
yist, the district approved tin; plans ol' the house. 

It aj)pears that the conunittee made a contract loi- building- ini 
An^'ust Till. 

A|)plication beino; m:ul(! to the committee to aj)prove tlio tax and 
])lans, a UKU'tiuH; was held Au;j;ust 7th, and on Aun;ust iJ.Sth, tlu; com- 
mittee approved ol'llu! lax, and also a|>proved '■'• the plan lor scdiool- 
liouse to be erecti'd in District No. )>, a little south-i'ast of the 
W^enscolt I louse." 

it appears I'roni a ccrlilicate I'roni l*ili/a, An^ell, that she could only 
coUNc'V the lilt on the same (-(indition on which her brother had cou- 
vi'yed the old lot on which a house had been built by sid>scription, 
viz. : loi- a public school-house, " and also as a place ol |)ublic wor- 
shi|), ' and it was adliiilted that no Ai'rA hail been made and tin; 
district had accpiiri'd no title to said lot. 

It ai)pi'ars also Iroin llie statement and admissions of the parties, 
that- a. meeting' duly notiiied was held Au,u;ust 17th, to reconsider all 
action relating; to buildint^ the house, &c. At this meetinij; a motion 
was made to rescind the ibriner ])roceedinos, and, as declared by the 
moileralor the \'ote stood "1'2 to '2"1^ and the motion was declared re- 
jected. It is admitted thai li\'e who xoled for rescindiui;; and five 
who voted a^aillst il, had no riujlit to vote. It is contended that Asa 
]V1. Allen, who \(iled lor rescin<lin<:', had no ri^lit to vole. He was a 
resiiK'iil and owned real eslate, and accordiiii;' to ]»re\ious decisions 
he had a rio;ht to xote without his name bi-iii^ on the town registry. 
• A certificate^ is produced from the assessors to show that (Miarles 
Leonard and ('rawford Martin, two who voted against ri'scindiui;', are 
not taxeil for real or j)errfonal property. Of course, m)t beiiii;- liable 
to pay a portion of the tax, their votes should have; been rejected, 
'rill- \(ile, therelore, stands seventeen for rescindiui;' and sixteen 
against resciiidiii<i;, and the votes for biiiMiii<;', i^c, were ley;ally 
rescinded. 



DIK'ISIONS. 101. 

'Phis of ooiirso disposes of all (|iu's(i()iis I't'Iatiiio- to buildliii;", but; tliu 
Ibliowiiin; points wcm'o made and ai"i;iie(|, and llierelbri', lo pre\'ent 
I'lirtlier agitation, 1 <2;i\'e my opinion upon them. 

I am of opinion that a district has no ri^ht lo hnild upon a lot nntil 
lhe\' ha\i' acquired ii leo;al title to it, either by lease, deed, or by 
lakini;' it by process of law. And in the latter c:ise, I'ither the time 
lor a|)peal to the common i)lea.s shoidd have ela|»sed or the appeal have 
been decided. The latter c;\utioii is necessary becaus(i the Jury on 
appeal have a ri^ht to alter the location or wholly n^verse all the 
proceedino's. 

It has been pi-e\iously decided that a district has no ri^'ht to take a 
deed of a house I'or i'elii;ious pni'poses. 

If the question of tlu^ pro|)riety of dividinii; the district be |)i'oposed 
in district meeting', i'e<i;istry Noters havi^ a ri;j,ht to vote, because it 
nu'rely amounts to an exj)ression of t)pinion, and the whole jjower to 
divide rcists with the school committee to whom the vote of the dis- 
trict is a mei'e reconnnendation to be weiiihed accoi'dinjj; to its deserts. 
And reoistry voters can bv law vote up(»n all (piestions except taxin;^' 
or expendinif money. 

'I'lie proceeding's of tluMlistrict, and also of the committee in i'eji;ard 
to the location, ai'e not (piite dellnile, but it is not necessary to con- 
sider them particularly. 

It was also conteiidcMl that the location must Ix^ made, a lot len;ally 
pi'ocured, and th(( |)lans approved before^ a contract can be K'oally 
made; to build. In tlu! present case th(i contract was made; fu'st. 
TIk! (piestion is in a most important one, because; if a district jtroeeeds 
before these thin<:;s are ilone, it wouM often lead to a, wasteful expen- 
diture of tlie district's money if the lot was not |)rocui'i'd (»r tlu^ ])ro- 
ceedinns approved of, and also because innocent parties who contract 
to build may sulfer in conseepu'uce. In I'c^ard to claims of contractors 
against buildinii; conuuittees or disti'icts, those cases must of course bo 
decided by the courts of law ; but I think it is the duty of the school 
committees and school connuissioner to <;uai'd airainst a wasteful 
expenditure; of money by a district majority in all eases wdiero they 
can do it, and it may Ireepiently be in the power of the commissioner 
to do it on ap])t!al. And it seems to me plain, (without nndertakiufi; 
to decide how innocent third parties may be alfected by iheii'acts,) 
that neither the district nor its ofK(;ers have; any ri;j;ht to make; a con- 
tract until the lot is fixed and procured and the plans ap|)rove(l of. 

The apjjcal was also made; IVom all doin^ij^s of tlu; conunitt(!e in 
relation to dividini;- the disti'ict ; but I do not see any thinn- upon 
which tlie commissioner can act. The committee merely decided 



\()'2 



DKCISIONS. 



tlial llic (lisliict, li;i(I lutL Mskcd lo Itt^ divided. Tlmy did not, rcjcict 
IIm^ ;i|)|ilic;il ion. A iiy iiidividuMi Ims a r\<^\]\. to pctiliuii tliu coiiiiuittci^ 
lor ;i division, iind it woidd !)•' iiialtcr of disci'ctioii in iIk." coniniiticc lo 
ado|»l or icjccl, it . 

l). \l. roi'ii'.it, (Joiiuiiv (if l*abll<: S<:lt.iioln. 



DIOCISION No. II. 



cAHi'; oi'' sciiooi, Disriuc'i' NirMiuiit tiiim;!;, Nou'rir i'iu)\'ii)I';n(;I';. 

I. (|iiii,lillcal inn oi' VdliTH ill disliirl, I 2. IJcsidriici' (if vot.dr.'H. 

IIICI'lillf'.'M. I I 

OJJiiu', of ( 'iinniiiy:</(nnr (if I'tdillc >SV7/,(>(,/,s, ) 
J'rovidciicc-, I >(■(!(■ iiilicr "l"-)^ IcSAj. j 

In tlic case of tlio a|)|)i';d of I<id\vard Fini<fin and i>e\vi.s M. Ilciton, 
I'l'oni a decision of tlic school connnitte(> ol' NoiMJi I'rovidence, hy 
wliicli llieir \dlcs were e.\(dnded iVoni the hsi of persons, who voted 
in a. district ineetinu, held in dislricl No. ;», town of North l*i'o\idence 
on the 17th of A(i;j,nsl, I Sf) I : 

A hearin;^,' was a|i))ointed lor !)ecendK'r !•, IcSJ)! ; ])arties were 
notified thereol'and a|i|)eared, and were heard lor and against said 
!i|)|>eai — and the case is as Idllows : 

Several niei'tin<;s, dniv notilied or adjonrncd, had heen held in said 
district previons to ,'\nii;nst IT, IS,)|, at, one_ot' which it was voted 
to raise -t;"),!)!)!) for hnildinji; a new scdiool-honse, raisin^' on(^ of the old 
lionses, and hayinj;' the did)ts ol' tliu district. At. another, it w.as 
voted to accept a lot oH'cred on certain conditions liy lOli/a An^'ell, 
and to apjirove jilaiis, iVc, for the school-honst'. A nuH-tin^' was subso- 
ipienlly ludd, alter dne notice, on y\\iij;nst 17, IcSiVI, to reconsider all 
prexions action relalini'; to the hnildnie', i^',c. At tins nieetiiii;; \Valtci" 
Sh.'irod presided; {{\\i\ a motion was made to rescind tiie lormer |tro- 
ceedinos, and, as declaicd 1)\' the moderator, the vote stood twiMily- 
twolo iwent\-tw(i, and the motion was de('lar('d lost. No voting- 
list liein^ pi'csenl, and there arising;' some donht as to the le^al ipiali- 
licatio)is ol" several who voted or clainied lo vote, it was a^i'eed by 
the moderator, and llu^ parties at the meetino', to snbnut the list of 
the \<)ters to the school connnittee of the town lor exannnation and 
coii'cction. 'The next day, tliei'elore, this list was snbmitted to tlio 
conunitliH', who, alter t'.xamininii; and compariiifj; tlu; naiiK'.s of these 



DI'ICISIONS, 



108 



who vnicd, as (•crliCu'il to tliciii hy llic clci'ls of llic disli-ict, willi the 
town \(»tiiii;' list, ami sti'ikin^- oil' tlm iiairu's of those cU'i'iiunl not 
legally (|nah(I('(l — six who voted lo rescind and six who voted not to 
rescind — (k'claii'd that the vole on '•'•the motion to rescind " stood 
yeas sixteen, nays sixteen, and that it was lost. Anion;^' those struck 
oir or not counted, wei'c Asa M. Allen, who vr)ted to rescind, and 
J*jd\v:ii'(l j*'inii;in ;ind Lewis lleat(tn, who \'oted against rescindinfj;. 
Mr. I'otter, the hile coniinissioner of jinlilic schools, <leci(K'd that the 
vote ol' A. I\l. Allen was lej^al, and shoidd he counted in the alllinia- 
tive, and that the votes ol' (I. S. Leonard and (I. Martin, which had 
heen cohiiI'mI m the nejj;al i\(', were not h'i^al, and should not lia\('heen 
connlcd ; and the residt of his decision is, that there weii^ s(!venti'en 
vol(s in the allirniat i\ c, and sixteen in the lU'eatisc The (|uestion, 
therefore, turns ujion tlu' le^^alit v of the voles of l*'inii;in and 1 1 eat on, 
wdiich had been struck oil' hy the school conunilti-e, and were not 
uxainin(>d by Mi". Potter. 

Ita|)|iears in evidence that Lini^^in is a nat nralized citi/en, and ;i 
resident in said distiict ; that he has owned real estate sullicient to 
(|ualily him to vote since Septetidier I, 1 SfiO ; that his naturali/iilion 
j)a|)ers are dated March I, I Sf) I , and that he is taxalile in the town, 
and is liaMe to he la\e(| in the district I'or the honse in which he lives. 
It- was contende(l that, his nanu; not l)ein.L;' on tluMown votini;' list, 
lie coidd not, I'oi^ this reason, 1)(! allowed to \((le in district meetine's. 
The (|ualilications for votinji; ni district meet ino;s ar<' identical with 
those Ibr votin^j; in town meetings, with the same proviso as to votiui;- 
n])()li iiny ([uestion ol" taxation. (See act i^elatin;:; to public schools, 
sec. ^I'J. ) l)Ut i}\v. restriction which forbids the moderator to i^eceivo 
the vote of any one whose nanu; is not on llu; votin<;- list, (see act 
relatinn; to elections, sc^c. 12(), ) is not contained in tin; school laws, as 
a I'cstriction to voting' in disti'ict meetings. A moderator is there- 
i'oi'(! boimd to receive and count the vote; of a person who is a cili/-eii 
and a holder ol" real estate in a district, wliene\cr he has resided in 
it a snllicienl length of time, e\'en if his name is not on the voting 
list. Such i.s the opinion of IIk; late commissioner of |)ublio schools, 
as expressed in his comments on th(! school law at para^^iaph 1 1-5, and 
also in his decision dated October oO, IHM, i;iveii on tli(! case of Asa 
M. Allen, who claimed a ri^ht to have his \<)te restored, after it had 
been annulled by this same decision of tlu; school connniltee. 

In the case of Ileaton, it is testified, that he became of a^-e on the 
2Hth of December, l^h-), that he holds undivided real estate to a 
sudicicnt amount, to (pialily him to vote, and that Ik; is a residens in 
said district. It is objected that, prior to August 17, ISAI, ho romovcd 



104 DECISIONS. 

into Miissaclmst'tts, and llius lost liis citizenship in Rhode Island. 
In ()j)])()siti()M to this, it was proved that lie went into Massachusetts 
i'or a merely temporary ])urpose, and that he never intended to change 
liis abode, and that his estate, his busintiss, and his real home, i-emained 
in Rhode Island. It apjjcars to me that the princij)les which ought 
to govern in deciding questions of domicil or residence, as laid down 
by Judge Story in his Conflict of Laws, and (pioted in Appendix No. 
II to the Report of the Commissioner of Public Sidiools for 1854, 
would render Heaton still a citiztn and a voter in district meetings 
in Rhode Island, since his intention of only temporary removal seems 
plain. 

It is, therefore, my opinion that the votes of Finigin and Heaton 
ought to be counted as against said motion to rescind. The vote will 
then stand seventeen ayes, eighteen nays ; and the molloii is lost. 
The several votes of the district relating to building are tlierel'ore still 
unrescinded, and of the same force and validity as if such motion had 
not been made. 

No otlier jioints were made or argued in the case of this apj)ea], 
though I may add, there are several suggestions in the decision of 
the late commissioner, given October oO, 1854, which appear to me 
highly just, and deserving of the careful consideration ol all concerned. 

RoHKiiT Ai,T,YN, Comtiir of Public iSchools. 
ApproNcd. 

Geo. a. Bhayton, Justice of the /Supreme Court. 

December 80, 1854. 



DECISION No. 15. 

CASE OF 1-AYTON E, BEAMANS, A TEACHER DISMISSED UY THE SCIIOOI- 
COMMIT'rEE OF COVENTRY. 



1. A idiU'luu" haviiif^' a county ('('I'liliciito 
couutcrNi^nud may bo disiniswod by 
school cominitteo for causo. 



2. A tcachor, Jiaviiij;- 1)0(!U dismi.s.sud, 
cannot draw teachers' mouthy. 



In case of the appeal of Jason J. Potter, trustee of School District 
No. 5, of the town of Coventry, from a vote of the school committee 
of said town, whereby they refused to grant an order to j)ay the wages 
of Layton E. Seamans for teaching in said district ; a hearing: was 
appointed and took place April 1:^1, 1855, in the village of Washing- 
ton, in said Coventry, and the parties were heard. The following is 
a statement of the i'acts in the case as they appeared in evidence, 
iianudy : 



DECISIONS. 



105 



It appears that the afprenamed Lnyton E. Scamans, appli^'fl, in 
October or November, 1854, to tliis school coininittee for examination 
as a teacher of a public school, and if that examination should be 
satisfactory, for a teacher's certificate of qualifications, to teach the 
winter school in the abovc-nnmed District No. 5. The committee, 
however, as they had a le<j;al rinht, and as they thouo;ht, upon their 
oaths tliey were bound to do, refused to (>xamiuehini as to his literary 
(pialifications, ou the orrouud that they considei'ed his moral" qualifica- 
tions iiisutheient for the retiuirements of the law. Mr. Seumans then 
succeeded in obtainino- a county certificate from .lolui 11. Willard, 
Esq., a county inspector in Providence county, and also obtained the 
counter signature of the connnissioner of public schools ; both of these 
gentlemen supposing that no objections had ever been made to Sea- 
mans' moral character. With this certificate thus countersigned, Mr. 
Seamans entered the school in District No. 5, Coventry, as a teacher. 
He gave no notice of beginning to the school committee, neither did 
he in any way conform, or show a disposition to conform, to the rules 
of the said committee for the government or instruction of the schools 
of their town. 

On the 2(ith of January, 1855, the committee formally dismissed 
him from his school, on account, as they alleged, of his having fraud- 
ulently procured the above-nsuned county certificate, and non-compli- 
ance with their ri'guiations. 

Mr. Seanians, however, contiiuied his school to the close of his 
term, when the scliool committee granted him an order for the money 
to pay his wages Ibr tlie time [jfevious to January 26th, 1855, and 
refused to grant an oi'der for the time subsequent. It was from this 
refusal that the appeal was taken. 

The commissioner is of opinion that the vote of the school com- 
mittee, bv which ]\lr. Seamaiis wiis dismissed, was a legal and proper 
vo!<% and in accordance with the 54th section of the act relating to 
Pid)lic Schools, which gives to a school committee the power to dis- 
miss a teacher, by whomsoever examined, for just cause. Tlie cause 
w Inch they alleged appears to be a just and sutticient one. They had 
after this dismissal no right, according to the 21st section of the act 
above referred to, to grant any order to Mr. Seamans for services 
performed as a school teacher in any of the schools of the town, sub- 
secpient to the time when he was informed of the act of the school 
committee by which he was dismissed. The vote of the school com- 
mittee is therefore affirnu'd. 

Given under my hand at the ofTice of Commissioner of Public 
Schools, in Providence, this 26th day of April, 1855. 

14 Robert Allyn, Comnir of Public Schools. 



ion l)Kf!TST()NH. 



DECISION No. 1(1. 

CAHK OK KMOR HMnil V. SCIIOOl, (;o,M M I'lPi;!'; Ol' HMrrill'lKIJ). 

Aimiilincnl- of Icachcr's citI ilicul-o. 

Decision oC (■(nimiissidiK r ol' public scliools in case of ajipcal of E. 
Siiiilli, I'l'oni a vole of llic school coiiimittiM! of Sniitlilield, annulling 
the ceilillcatc of Smith as teacher in said town. 

'Ihe vote I'roni which this appenl Is taken was passed by the school 
conunittee on tliu liDth day ol .lanuai'y, IS;");"), and the appeal was 
received on the 'Ad day of I'ehruary, IH;').^). Notice was oiven to the 
p;niies that the liearinij; would lake jilacc^ on the lOth of h'eln'uary, 
anil on that day the case uas opene(l and the testimony in part heard. 
The lieariiiH' was then continiuMl from timi; to time by consent and 
agreement ol'p;irlies, and linished on liie llth of -lidy, 18;');). 

'I'he facts necessary to a full understanding of the case, as they 
ap|)e;ired In testimony, are brielly these : Some time in .November, 
iSAd, lOmor Smith, of ( Jlocestei-, was hired by Sanuiid (Marke, Esq., 
trustee of the twenty-lirsi district, in Sniithlitdd, to leach the winter 
school in thiit district ; and (he b;irgain was, as is re(|uire(l by law, 
conditioned on Snn'tlfs obtaining a certilicate of (pialideation I'rom 
thi^ school conunittee of the town. Smith calleij on llar\('\' iiohnes, 
J*]s()., clerk of the school committee, to be examined, and not linding 
liim at homi', bi'gau his school on Moudav, DeciMuber 11, uiuler a 
cei'lilicate <^iveu him the pre\ ions year, and still wanting a week of 
its time of e\|)iration. On Friday, Decendier IT), llohues, in com- 
pany with \)v. II. W . King, chairman of the committee, in c'ompli- 
ance with the provision of tlu' s(diool law re(piiring the committee to 
visit each school within two weid-is of its eonunencement, called upon 
Mr. Smith in his school, and ibiuid it in vrry ^reat disoi-(U'i-. They 
were dissatisfied, lu'cording to their own testimony and that o( Mr. 
Smith and scholars, with the ventllallou ol' the room, with the mode 
of instruction and goveriunent, and with the general bearing ;uul man- 
m;r of the teachei'. ( )n S:ilnrday, the Ititli, tlu' old ci'rtilicate hav- 
ing expired, i\lr. Smith called on iM r. iiolun's and was i-\amined, 
and finally obtained ;i certilicate oi' (pialilications, to be gootl for one 
year, unless sooner aiuuilled. At tlu' tinu> of giving this certilicate, 
doubts were expressed by lloluu\s in regiu'd to SmitlTs ability to bring 
the school into ordei' :iud pi-o|)eiIy to instruct it ; and it was finally 
conchuled to give him tlu- op|)oituuity of four weeks' trial, at vvhi(di 
time Holmes was again to visit the school. Accordingly on the 12tli 



DECISIONS. 



107 



of January, 1855, Holmes visited the scliool again, and not finding 
any [jcrceptible improvement, immediately sent a note to the trustee 
of the district, stating that he had armidled Smith's certificate. But 
no notice of the; annnhnent appears to have been sent to Smith at all. 
Another teacher, however, was hired by the trustee. Smith appealed 
to tlKM'oinniissioner ol' pubhc schools, and a partial hearing took place 
on the 27tli of January; and on the olst, the committee faihng to 
appear, the act of Jlohnes was decided to be void, since in I'act no 
annulment had been made, nothing but a notice having been sent 
to the trustee that such annulment was made. 

The school connnittee of Smithfit'id, however, met on the 2!)th of 
Januarv, and by a unanimous vote j)roceeded to annul the certificate 
of said Smith, given him by Harvey Holmes, and dated Dec. 10, 
1854, "for deficiency and want of qualification." it is from this 
vote that the appeal is taken, and in refei-ence to this that the folhivv- 
ing decisions are made. 

The first jmint made by the Hon. .). M. lilake, council for Smith, 
was that the decision reversing tlu? act of Holmes, made on the ;Hst 
of January, necessarily was conclusive! in this, and reversed it also. 
That, however, was clearly an illegal act done by a single member 
of the committee, to whom no such power to annul was ever dele- 
gated, — in fact, there is no evidence to show that Holmes ever wrote 
an annulment. Jle un(loid)tcdly supposed that he had annulled the 
certificate of Smith, but the contrary is clear ; and theriifoi'e the 
committee were at liberty to take original action in tlm case. It is 
their act that is to be examined on its own merits. And this can 
only be justified where it is shown that the circumstances of the 
case actually called for this course on their part. 

A second point made for the appellant was, that he had no notice 
of tlu! intention of the committee to aniud his certificate, and there- 
fore he had no o])portunity for trial and defence. It is believed, on 
this point, that the; conversation which passed between him and the 
examiner was notification enough that he was to have foui- weeks for 
trial and practical demonstration of] his ability to teach and to govei'u 
in the school-room. And this is a better foi-m and motle of trial than 
can be had elsewhere. Jt is therefore decided that such a trial is 
sufficient, esj)ecially as the teachcM' always has an appeal, where it 
can be examined whether the trial in the school was fair and suflicient. 

The points made by A. Meggett, Esq., council for the committee, 
were two. 

]. That Smith was not qualified in literary attainments for the 
office of teacher ; and, 



108 



1)K(J1H1()NH. 



'2. Tliiit \n\ lailiMl to c()in])ly witli lli(> rcrrulntions for tlio schools 
of Siiiillilii'M in.'uli' liy llic scliool coiiiiuitlcc, niid lliat he IhiltMl to 
impart iiisl ruction and to ^oxcrn in a |. roper manner his scliool. 

( )ii the hrsl of thcsi; jioints, lh<' connnissioner does not leel Ixiund 
to <4o l)ai'k of tlie certilicale ol' the conunittt'i-. 'I'hcy, or their (derk, 
f^iivo him a cerlilicale in proper I'oian, iimK'r their oath, mIUm" (hu' ex- 
amination and consideiation ol" the circumstances. It must, there- 
lore, he h(dd that lie was (piahlied, at K'asl, to make trial ol" his skill 
ill the s(dHtol-rooni. 

'I'he case, then, nuist turn whollv on the (pieslious, whether oi" not 
Smith did conipiv with the i\'_ij;iiIations of tin; school committe(>, and 
whether he did reallv properly instruct and ii;ovei'u his school. Tlu; 
teslimon\ on this point was lar^'c in amount and conllictini:; in char- 
acter. r>nt these lacts appear (di'arlv to he pi'oved hv tlu; testimony 
of the school conniiitte(>, the allidavits ol' two visitors, hy tlio state- 
ment ol'Smith himself, and I y the alli<la\'its ol" scdiolars. That thero 
was a i;i"eat, amoinit of noise and conlusion in the s(diooI-room ; tiiat 
scholars \\v\\) allowed to whisper ; that the room was not well ven- 
tilated, and that the modes ol' punishment were not j)roper ; all of 
whi(di wei'c in direct, violation of tlu' renidations for scdiools, posted 
hy till' committee on the wall ol" the s(diool-room ; and rnrther, that 
Smith himsi'lr was lioisieroiis and roueh in his maniiei', and not only 
neglected to oive iuroiniatiou and assistauct^ to his scholars when 
asked, hut that he allowed the scholars to miscall or mispronoiinee 
words in their readine; lessons without corn-ction ; and, in ^'eneral, 
that the sidiolars did not impro\i', and were nearly losing their time 
and making a, waste ol" the puhlic money. 

'riiese heini;- tlie lacts in the case, as appears to the commissioner of" 
inihlic schools, it seems to him that the school committee ol" Smith- 
lield oidy distdiariicd tlu> dutv imposed upon them hy the law and hy 
theii' oath ol" ollice, and their act ol" annnllinti; the certilicate ol" the 
said Smith onj^ht to he sustained. And said act is accordingly hei'c- 
hy allii'nuMl ; and the cerlilicati' ol' (pialilication as leaidu-r in tlu' com- 
mon or piihlic schools ol" Smithlield, eiviMi hy Harvey Holmes, clerk 
ol' the school committee of said town, to l.mor Smith, of Glocester, 
and dated \)cr. U!, 1S,)|, is declared to he ainmlled from and after 
Jan. lii), IS;-);"). 

(Jiven under my hand, at the ollice oi' C\)nnnissioner ol" I'uhlic 
Schools, this li4th day of August, IS;");"). 

RoiU'.ur Ai.i.YN, ('o)n»t''r 0/ J* al>lio /Schools. 



DFX'ISIONS. 109 

This decision was, by request of the parties, submitted to Chief 
Justiee Stajiles^ and ou Sept. 2l!, (Wecbu'sday,) the annexed note 
was received from him, and at his retjuest is appended. li. A. 

Itohcrt Allyn^ Connnissioncr of Public /Schools : 

Dkah Sir, — I iiave attentively examiiu'd your decision in the 
appeal of Emor Smitii against the school committee of Smithlield. 

As a njt'iieral rule, a teaeluu- ought to have an o|)portunity to be 
heard before his certificate of (pialihcations is annulled. Such a 
certificate confers on him the rit^ht to be employed as a teacher of a 
public school. The annulling' of it takes from him that ri<»;ht. When, 
therefore, i)roceedin<i;s are commenced with a view to this result, ho 
ouoht to have notice to appear to show cause an-ainst il. 

His want of success in teachin*^ or oovernino; a i)articular school 
may be a sufficient reason for annul]in()|; the certificate of a teacher, 
if it arise solely froni his deficiency. JJut it ou^ht not to be taken for 
jfranted that the teacher can neither exj)lain nor excuse nor justify 
such a])parent want of success. It would seem but common justice 
to allow hiin an opportunity to ch; so. 

Upon the facts contained in your report and decision, I see no 
reason to disapprove} of it, made as it was after notice to Smith, and 
after hearing all that he had to offer in denial, excuse or justification 
of the facts alleged a<>ainst him. 

Very respectfully your ob't serv't, 

W. R. Staples, Chief Justice iSup. Court. 
Wednesday morning. 



DECISION No. 17. 

PKTITION 01-' KMOK SMlTli FOR RKIIKARING. 

Rehearing' not possiLlo uttca- iii)i)rov;il by u jud;j;c of tho Ka])r(:ino court. 

Office of Cotnmisnoner of Puhlic /Schools, I 
Providence, Oct. 18, 1850. j 

Opinion in the matter of the petiticjn of Emor Smith for a rehear- 
ing of the decision of the commissioner of public schools, on his appeal 
from the school committee of Smithfield. 

Upon reading anil considering this motion and petition for a re- 
hearing, it appearing that the matter of said appeal had been decided 



110 DECISIONS. 

by me as commissioner of public schools, and that a statement of facts, 
at the request of the petitioner Smith, was by me laid before Hon. 
"William R. Staples, late chief justice of the supreme court, and was 
by him approved, — all which facts are recited in said petition, — I 
hereby decide to dismiss this motion and petition for reconsideration 
of said decision, upon the ground that the aj)proval of the decision in 
said appeal by Judge Stajjles being made by law final, I have no 
power or jurisdiction to rehear or reconsider the same. 
Given under my hand the above day, Oct. 18, 1856. 

Robert Aixyn, CornmW of Public Schools. 



OPINION OF HIS HONOR CHIEF JUSTICE AMES. 

Jurisdiction and duties of the Commissioner of Public Schools. 

In the matter of the decision of the commissioner of public schools 
in case of the appeal of Emor Smith from a vote of the school com- 
mittee of Smithtield annulling the certificate of said Smith as a teacher 
in said town. 

This is a motion or petition for a reconsideration by the commis- 
sioner and the jndge of the above decision, on the ground that the 
decision of the commissioner reported to the Hon. William R. Staples, 
late chief justice of the supreme court, on the 24th day of August, 
1855, and approved on the 26th day of September, 1855, is not valid 
and binding, because the commissionor did not report a statement of 
the facts as they were sworn to or admitted, but instead thereof re- 
ported as facts his own conclusions upon the testimony; it appearing 
from the petition of said Smith that " he insists that there can be no 
final or binding decision, until a statement of the evidence shall be 
made to the judge," for reasons by him in his petition set forth. 

The 65tli section of the " act to revise and amend the laws regu- 
lating Public Schools," provides, " that the commissioner may (and 
if requested on the hearing of either party shall) lay a statement of 
the facts of the case before some one of the judges of the supreme 
court, whose approval of such decision shall be final." If, then, in 
the matter of this decision, upon such request, a statement of the 
facts of this case, in the sense of the statute, has been laid before one 
of the judges of the supreme court, and the decision of the com- 
missioner has been by him approved, this " approval " is, by the very 



DECISIONS. 1.11 

words of the statute, made final, irrespective of the merits of the 
decision approved. The " appeal," in other words, in the civil law 
sense of the term, and as it is used in our statutes, that is, a rehearing 
of the whole cause, matter of fact as well as law, after it has been 
decided by a competent tribunal, is expressly- given by the first words 
of the section of the school act above referred to, to the commissioner ; 
and the section provides that his decision upon such appeal shall be 
final, if the commissioner, u])on the request of either party, shall " lay 
a statement of the fticts of the case " before one of the judges of the 
supreme court, and he shall approve the decision. The purpose of 
this last provision was, undoubtedly, to give to the commissioner and 
the parties the aid of such a judicial officer in matters of law, and to 
secure, as far as conveniently practicable, by an uniform construction 
of the act, an miiform system of legislation upon so important and 
interesting a subject as the discipline and government of our public 
schools. 

The document annexed, entitled " Decision of commissioner of 
public schools in case of appeal of E. Smith from a vote of the school 
committee of Smithtieid annulling the certificate of Smith as teacher 
in said town," signed by Robert Allyn, commissioner of public schools, 
with Judge Staples' note to the commissioner subjoined, approving 
of the commissioner's decision, with the original petition of Emor 
Smith to Rev. Robert Allyn, commissioner of public schools: " In 
the matter of Emor Smith's appeal from the school committee of 
Smithfield, embracing forty-one pages, together with the decision of 
the said Robert Allyn hereunto prefixed, dismissing this motion or 
petition for reconsideration for want of jurisdiction, have been laid 
before me, according to the request contained in said petition, by the 
said Robert Allen as commissioner, for my appi'oval, and I do hereby 
approve of his dismissal of said motion or petition, on the ground that 
he has no jurisdiction to entertain the same." 

The document entitled " Decision, &c.," is, in my judgment, " a 
statement of facts'' by the commissioner in the sense of the 65th 
section of the school act, although it is not, as it is aver'-ed by the 
petitioner that it is not, a statement of the testimony or evidence by 
means of which the commissioner ascertained the facts which he 
states in it. " A statement of facts " from testimony or evidence 
must, from its yery nature, be the conclusions of the officer entitled 
to make it, from the testimony or evidence which he has heard ; and 
the distinction between such a statement and a statement of the evi- 
dence or testimony upon which it is based, is too well settled in legal 
practice and parlance to require illustration. Whether the conclu- 



112 DECISIONS. 

sions drawn from tlie evidence or testimony by the commissioner were 
legitimate or not, is a matter whicii the law does not, in my judgment, 
confide to the Jndge, but solely to the commissioner, who alone 
hears the appeal, Hstens to the witnesses, examines the evidence, and 
arrives at the conclusion of what are " tlie facts of the case.'' No 
power, no means, are, in my judgment, given to the judge to examine 
into these facts. It is the duty of the commissioner, under the law, 
to decide what the facts are, and to lay a statement of them before 
the judge, with his decision upon thein, and the sole office and juris- 
diction of the judge is, upon such statement, to approve or disa])prove 
the decision of the commissioner. This is not only j)Iain from the 
words of the act, but is to be infV'rred from the natiu'e of the facts to 
be ascertained, the good or ill discijtline of schools, the fitness or 
unfitness of teachers to instruct or discij)line scholars, and the like 
facts, peculiarly fitted to be ascertained from evidence by the com- 
missioner, but whicli tlie judge would ordinarily have no such pecu- 
liar qualifications to ascertain. 

The jurisdiction of courts and judicial officers over visitors of col- 
legiate or academic bodies, whether at the common law, or as 
mcasiu'ed out by statutes, is ordinarily of tlie most liiuited character, 
both ill England and in this country, and for the very reason, that, 
beside the fact that the visitor is presumed to be selected by the 
founder or the State as best fitted to judge in matters of collegiate or 
academic (liscii)line, his power is, as said by I^ord jNIansfield in the 
celebrated case of The King v. The Bishop of Ely, (1 Wm. Blacks. 
Rep. 82, ) " certainly very convenient for these learned bodies. It 
is forum domesticum^ calculated to determine sine sircpitu all disputes 
that arise within themselves : and the exercise of it is in no instance 
more convenient than in that of elections. If the learning, morals 
or proprietary qualifications of students were determinable at com- 
mon law, and subject to the same reviews as in legid actions, there 
would be the utmost confusion and uncertainty; while he who has 
the right may possibly I)e kept out of the ])rofits of what is in itself 
but a temporary subsistence.'' 

Accordingly, upon subjects within his jurisdiction, it is the well 
settled doctrine of the general law in England that the sentence of 
a visitor is final and conclusive ; nor can the King's Court, in any 
form of proceeding, either directly or collaterally, review the sentence. 
The action of the courts in such cases is confined to inhibiting him 
from j)roceeding beyond his jurisdiction, taking care, where the gen- 
eral matter is within his jurisdiction, not to anticipate his own judg- 
ment as to his jurisdiction to do the particular act which he is called 



DECISIONS. 113 

u])on to perform. It litis even been held, that, where a visitor has 
actually executed a sentence of expulsion, th()un;h he may appear to 
have exceeded his jurisdiction, a mandamus will not lie to restore the 
party expelled ; for that would be to command a visitor to reverse 
his own sentence. See Angell and Ames on Corj)orations, 5th ed.i 
sec. 693, pages 750, 751, and cases cited. And where, as is some- 
times the case in this country, power is given by charter or legislative 
act over the sentence of visitors, it will be found to be confined to 
matters of law — such as. Have they acted contrary to the statutes of 
the foundation, or. Have they exceeded the limits of their Jurisdiction ? 
As an instance, see Murdoch's Apneal, 7 Pick. 320, 321. 

The jurisdiction of the school commissioner under the public school 
act, by way of appeal from the decisions oi- doings of school com- 
mittees, district meetings, ti'ustees and county inspectors, is, looking 
to the subject, nature and manner of its exercise, rather a visitatorial 
power, than that of an ordinary legal tribunal, — and the power of 
the judge of the supreme court in the matter of such an aj)])eal is 
limited, precisely as might have been antici])ated from the universal 
course in such cases, — to the mere apj)roval of the decision of the 
commissioner upon his statement of the facts. 

It being admitted by the petitioner in his said petition that the de- 
cision and statement of facts of the commissioner in the matter of this 
appeal was laid by the commissidner before Chief Justice Staples on 
the 24th of August, 1855, and that the said decision was, by said 
Chief Justice Staples, then one of the judges of the supreme court, 
approved, — and it ai)pearing to me that the statement of facts sub- 
mitted to said judge, was such a statement of facts as is required by 
the statute, and that his approval thereupon of the decision of the 
connnissioner is final, — I therefore approve the decision of the com- 
missioner, that this motion or petition for reconsideration must be by 
him dismissed for want of any jurisdiction in him alone or in him 
conjointly with a judge of the supreme court, to rehear or reconsider 
the decision so approved. 

After such a decision and ap])roval made, neither the commissioner 

nor Judge Staples, if the latter were still in office, could rehear or 

reconsider the matter of the same, no matter how erroneous such 

decision and aj)])roval might be. Much less can the commissioner, 

with another judge of the supreme court, or subject to approval of 

such judge, whether then in office or succeeding to the office of Judge 

Stajjles, reconsider and rejudge his apj)roval. 

Samuel Ames, Chief Justice Sufreme Court of R. I., ^c. 

Providence, October, 20, 185G. 
15 



114 



DECISIONS. 



DECISION No. 18. 



QUESTIONS «Y JOHN H. CROSS, ESQ., OF SCHOOL DISTRICT NUIMBER 

ONE, WESTE'rLY. 



1. Tax may l)o votcil, l)ut. cauiKil, Ik* 
collected ■without the apinoval ol'tlir 
seoool coiniiiiltoo. 

2. Eato Lills a))i)rove(l by the .school 
comniittoo will remain in t'orco till 
Kliccially rt'jicalcd. 



•i. Mvcry (liNtrict, mcctiiif^ has a right 
to adopt its own rules of order/ and 
the model iitor can only veto as other 
voters do. 



OJJicc of Commissioner of Pnhlic Schooh, ) 
Provi'Jnici', June ii'2, 1855. ) 

No. 1, "■ I.s n district aiitliorizcd to lay or collect a tax without 
tlie apjji'oval of tlio school coimnittoe ?" 

Answer. 1 think a district may vote to "lay" or levy a tax, — in- 
deed, as the district must first act, it is necessary that they shall so 
vote, hef'ore the school connuittee can a]>i)roA'e. The district cannot 
collect a tax which has not hvvw appi'inrd by the .s'chool committee. 
But iMr. I'otter has decideil, in case of District No. 14, Suiithtield, 
and his decision was approwd by Judoe Greene, that " althouoh it 
is jirudcnt to pi'ocnre a tax to he apj)roveil hy the school conuuittee 
hetore any leoal proceediiio[s are had under the vote, yet it is sufficient 
if the tax be approved before the warrant is issued to collect it.'' Your 
second query is similar to this, and my reply to that will finish this 
point. 

No. 2. " Has any vote of a tax hy a district any legal force, until 
approved by the school committee?" 

Answer. I think not, so lar as the law is to be used in collecting 
it. But it may be said to have legal ]'orce in a cei'tain sense before 
the school committee ajiprove or disapprove. The collector cannot 
have legal authority to collect it till approved, and hence it cannot be 
a tax in the full legal sense without the approval of the school com- 
mittee. 

No. o. " If a district has voted to su|)i)ort its schools, by rate bills 
or tuition fees, and has fixed the rates within the limits prescribed by 
the school law, and the school committee has approved the vote and 
the rates, and if saiil district should afterwards vote to support the 
scliools entirely by a tax upon the ratable property of the ilistrict, 
would not the former v(Ue continue in force until the latt(U' shall be 
approved by the school committee ?" 



DECISIONS. 115 

Answer. In case of a district wliicli h(\(] established a rate bill 
which had been apiJi'oved by the school coinniittet; and did not repeal 
this rate bill at the time of voting; to sui)|)ort its schools by tax, I ain 
of opinion that the approved rate bills would remain in force in case 
the committee should disapi)ryve of the tax on the pro|)erty, and I 
think they could be leo;ally collected. In case the district had voted 
to abolish the rate bills, that vote would of course hold (i;o()d without 
the a])proval of the school committee. The only point of doubt is 
as to whether a vote to snjiport schools by a tax on property neces- 
sarily repeals a rate bill beloi'e the sc1k)o1 committee approves. I 
ouoht not to decide this vei-y difficult matter without arfrument heard 
in the specitic case. But I incline to think it does not so repeal a 
rate bill until the connnittee a[)j)i'ove, after that aj)proval of course 
the rate bill is repealed. 

No. 4. " Has not a disti'ict which has adopted no special rules of 
order, the leojal rinht to reconsider a vote passed at any previous 
meeting, whether adjourned or dissolved, and will not its action 
directly upon the reconsidered vote be valid ?" 

Answer. Oui' school law makes every district a corporate and not 
a legislative body. It may therefore adopt its own rules of order. 
And the law is not very particular as to any prescribed foruis. Every 
motion or every point of oi'der raised in a district meeting would be 
debatable, and I think from a little reading that all ])oints of order 
should be settled by vote. The law gives to the moderator of a dis- 
trict meeting no authority to decide points of order, nor to give a 
casting vote. He can only vote on the same conditions as the other 
citizens of the district vote. This point of order, then, must be de- 
cided by vote, and all such votes, however unparliamentary in legisla- 
tive bodies, would, I think, be valid. 
Yours, &c., 

RoitERT Allyn, -Comm^r of Public Schools. 



DECISION No. 19. 

CASP: of JOHNSON AND CARD VS. SCHOOL COMMITTEE OF WEST 

GREENWICH. 

A tcachei- without a certificate of qualification cannot draw public money. 

Office of Commissioner of Public Schools, | 
Providence, April, 21, 1855. \ 

In case of the appeal of Ezekiel T. Johnson an<l George L. Card, 
teachers of public schools in West Greenwich, from a vote of the 



in; 



Dl'.CISlONM. 



school coininitltH^ ol" said lovvii, by wliicli vote tlic sal<l coininittoo 
rt'l'iisfd lo !j,i':ml llu'iii ordri's lor llii'if wa^cs in coiisciiiiciicc of their, 
the said Jolinsoii and ('anl, iiol ha\iii^' Ixtii cxaiiiiiu'd, ihccoiu- 
iiiissioiici' of |)iihlic schools is ol' opinion that the voti^ ol said school 
cominiltcc was in strict accordance with thc^ letli'r ol" the school law, 
and said vote is lu'i-ehy' allirnietl. 

l-utHi';in' Ai.i.vN, (\))iiiH''r of I'ii/>ll<' >S'r/i(i(il». 



l)KC;iSi()W No. l!0. 



('AMI', OK sciiooi, Dis'i'incr i\'iii\iiii",it I'.Kiiir, Noitrii i-kox ioiinci;. 

(■y'diimiiHsioiiiir ciinncil rniiiiinl IriiMtnuH to j^'i'iuil. ii. wiirnuit I'oi' tlui rulliu'l ina (if n tax, 
mill iiiiiNt. not iiilorl'iM'O Id iicrforni tlicir duties. 

|)e<-isioii npon llie jietilion el' sniidr\' ta\-|)a\(M's in School l)istrict. 
No. S, North Trov idenci', askini;' lor the collection of halaiici- ol" lax 
le\ icd in said dislricl. 

Tlu' case presenti'd is as follows: A tax was Noted Novendier lil, 
1H;V2, lor linildiu^ a schooMionse in School District. No. S, of North 
l'r(i\idence. It was also \(>le(l to hoirow the money \\ilh which to 
liiiild, ami the amount to |ia\. hoth principal and mleresl, was ordi'rcd 
to he assessed npon the ratahle pi'operls of the district accoi'diiio- to 
the next (own \ahialion. 'The mone\' was horrowed, ihe tax assessed 
and |»arllv collected ; and the commissioner is now asked to appoint a. 
eollectttr and to issue a warrant to collect th(^ halaniH'. 

'The hearing;- was appointed lor Septemlier ^Id, and was then ail- 
journed to the (»th,at which lime Messrs. Hayes and flencLs appeared 
as counsid lin' (iieori;e M. IviidnniMid, a lax-])aver in said district, 
opposed lo the <j;rantin<.^' ihe petition, and raisi-d a (piestion ol' jtnasdic- 
lion, and moved ih.il the jielilion he dismi.sst-d hecanse the commis- 
sioiu'r had not [tower to ^rant ihe reliel" prayed lor. 'I"he point was 
argued hv Haves and .K'ucks, lor tlu> oltjectors, and J . II. W illaiil, 
lor I he petilionei's. 

Alter consideralion the eonunissionei' sid)niits tlu' lollowini^ :>s l»is 
decisioji on the (pieslion of iinisdiction : 

It is seriousU' tlouhted whether, under the torty-sixlh section ol ihe 
school law, — the sei'tion cited as ^ivin^; all the authority omt the 
case, -the commissioner lias power tot)rd.>r and iMdorce the collection 
ol' the halance ol" a tax leij;ally voletl, approstd, assessed, and partly 



])K(;iSIONS. 117 

collected by a district under the ri<i;lit("ul authority of their trustees. 
The case contciiiplatid hy that section appeal's to he one in which 
tiieri' is no [Kivver in thi- dislrict to collect taxes nnd thus satisly any 
just claims which crechtors may iiave against it ; and not one in which 
the ])()wer has already been exercised to a ci-rtain extent, and tlu; 
ofiicers of the district are sinii)ly indisposed to proce('(L The ])etition 
(h)es not allege any errors in the assessment jior any want ol' power 
to collect, but only asks the commissioner to perfoi'in a lUity le<fally 
devolvinn; upon their (jlKcers, but very repugnant to their feelings ; or, 
in other words, it is but askin<j; one oflieer of the State to undertake 
a duty where his autiiority is at least doubtful, and dischar<j,(i it for 
another whei'c the latter's ])ovver is far more clear. 

Besides, it seems that according; to the sixty-sixth section of the 
school law, the trustees of the district have a ii«2,ht to ])resunie that the 
tax was a le^al oiu', and that it is, therefore, ])roperly and lawfidly 
due, inasmuch as there a])pears to have been no exee|)tion taken to 
the vote by whicii it was ordiu'inl, nor to the act by which it was 
assessed. 

It is a princi|)le which nmst ejovern the connuissioner, that, he will 
not encroach upon the powers, prero<j;atives or duties (jf any olHcer 
below him elected by tlu; people themselves. And as the trustees of 
the district were elected for this vei'y purpose of collecting all law- 
ful taxes, and as they have ample powei's and secui'ities, the j)etiliou 
is therefore disnnssed. 

UoiiKirr yVi.LYN, (Joiniiti- <if Public Schools. 

Office of Commlsnoner uf Ptihlic Schooh, ) 
Providence, September U)^ LSf;;'). \ 



DECISION No. 21. 

CASK OF JOHN JI. WILLARO r.s. lUUS'l'lOKS OK SCHOOL DlSl'lilCJ' NUMlHilt 
TWO, NORTH PllOVlDKNCK. 

The logiil school year Ijogins M;iy tut, iuiiiually. 

Decision in case of the aj)peal of -John II. Willanl from a decision 
of tilt! trustees of School District No. 2, in the town of North Pi'ovi- 
deiice. 

'I his case was heard by the commissioner of public schools at his 
olhce ill Providence, on the lijth of September, and is as follows ; 



118 DECISIONS. 

It appears that the appelhint, Jolin H. Willard, has been employed 
for several years as pi incipal of the ojraininar-seiiool department kept 
in School District No. 2, of the town of North Providence. Foi* the 
last two years, his salary has been, at first, fifty dollars per month, 
then fifty-Hye, and at last sixty, if there should be a remainder of the 
public or " teachers' money " sufficient to pay him that amount, after 
payinji; the other teachers in the district; and on this salary last 
named of sixty dollai's per month, he was teaching at the time of the 
last annual meeting, held on the 29th of May, 1855. At this annual 
meetinn- the election of trustees for the ensuing year was made, and 
Jesse S. Thornton, Amos M. Read and Andrew Almy were chosen. 
They entered npon the duties of their office. Mr. Willard contin- 
ued in the school as teacher, and received, under the authority of these 
trustees, two months' wages, at sixty dollars per month. At the close 
of these two months the summer term of the school ended, and th.ere 
was a vacation till the first or second Monday in September. During 
this vacation, and about a week belbre its close, and the beginning of 
the fall term, the trustees, through Mr. Almy, one of their number, 
informed Mr. Willard that they had decided to reduce his salary from 
sixty to fifty dollars per month, oi-, in the event of his not accepting 
that price, to dismiss him from his place as teacher in their school. 
It is from this decision of the trustees that the appeal is taken. 

The facts were all substantially agreed to by the parties ; that Mr. 
Willard's salary had been raised as above stated from fifty to sixty 
dollars, nartly in consideration of the fact that the funds of the dis- 
trict had been saflfieiont, and because of the increased cost of living, 
and partly also in consideration of a long time of " good and faithful 
services " in the school ; that the teachers employed in the school 
had been hired with no definite stipulations as to the time of their 
continuance in school, but with a general mutual understanding that 
they were to continue throughout the year, and longer, if neither 
party cave notice to dissolve the connection ; and that the teachers 
now encaged in the school had been emj)loyed for several terms, — 
one for several years. — during which time nothing had been said, 
neither at the beginning nor end of the school terms, about a new 
entfacrement, but that they entered upon new terms as though they 
were employed ])ermanently. 

The trustees, by themselves and Mr. J. T. Sisson, urged in justi- 
tication of their course, that the funds of the district properly denom- 
inated "■ teachers' money," were insufficient to pay more than fifty 
dollars per month to the principal of the grammar department; that 
they have always reckoned their school year to begin in September, 



DECISIONS. 119 

at the bemnnino; of the fall tenn, and that of course the contracts 
with their teachers were all, at tluit time, subject to renewal, modifi- 
cation or termination ; and that they have such control of the affairs 
of the school that they can in general dismiss a teacher or make a, 
change in the amount of his salary at their own pleasure. 

On the other hand it was contended by Mr. Willard that the 
amount of money apportioned to this district by the school committee 
of the town, and called " teachers' money," was amjjly sufficient to 
])ay him nearly sixty dollars per month, and that the agreement with 
the trustees was such that they would be compelled to ])ay him only 
so much as might be in tlieir treasury if it should fall short of the 
sixty ; and in evidence of this the account-book of the school com- 
mittee was introduced, which showed one thousand three hundied and 
forty dollars and forty-eight cents (fl,'j40.48,) standing to the credit 
of the district, while the monthly expenses for teachers' wages and 
board — reckoning Willard's at sixty — would be one hundred and 
thirty-one ($131,) and this for ten and one-half months (10 1-2,) 
would be one thousand three hundred and seventy-five dollars 
('f 1,375.) (This estimate and calculation will be the same at what- 
ever time the year is made to comi'nence.) On this point he also 
suggested that, by the school law and according to a rule of the com- 
mittee, any unexpended balance remaining to the credit of the district 
at the end of the school year' must be divided among the other dis- 
tricts of the town. He also contended that the legal school year 
terminated and commenced at the time of the annual meeting in 
April or May, according to the statute creating districts to Le corpo- 
rations, with strictly defined and limited powers, and that therefore as 
he had received, under the authority and by the order of these trustees 
two months pay of the present year ; that he was now engaged 
under a virtual renewal of the contract of the year, which contract 
could only be changed by mutual consent of parties or lor cause, 
according to the school law. 

The commissioner is of opinion that the money subject to the trus- 
tees' order is very nearly sufficient to pay the amount of sixty dollars 
as named in the agreement between Mr. Willard and the trustees of 
last year, but he must say that he thiidcs this question should have 
no influence whatever upon the final decision. And besides that, at 
the proper time of the year, and under the approbation of the school 
committee, the trustees have unlimited authority to employ a teacher 
at whatever wages they please. If they employ at very high wages, 
they may, under the approval of the committee, collect limited rate 
bills ; or, by a vote of the district, they may assess and collect a tax 



120 • DECISIONS. 

to defray the extra expense. If tliey employ at cheap wages, the 
unexpended bahmce of their ai)])ro])riati()n must be divided among 
the otlier districts, i^nd if trustees choose to use only a part of their 
share of the " teachers' money," for their own district, and leave the 
remainder to other districts, thereby ])roviding an infei'ior school for 
their own children and a better one for their neighbors', no power is 
known to prevent, provided they do it at the proper time. At such 
times as trustees ma}' lawfully hire teachers for their schools, they 
may hire as cheaply as they can, provided the school committee will 
approbate those hired. It may not always be enlightened policy to 
employ at as small wages as possible, but under the circumstances 
just named, there is no remedy. 

In reference to the time when the legal school year commences, 
there can be but one opinion. In absence of any vote of the district 
presci-ibing the time at which the teachers' contracts shall terminate, 
and in the absence of any written or specific agreement between the 
trustees and teachers as to this time of terminating the contracts, and 
in such districts as have established permanent or yearly schools with 
fixed terms and vacations, the legal school year must be settled by 
the statute. Section 21 of the act relating to public schools, makes 
it necessary for a district to kee|) a school not less than four months 
at some time during the year ending on the first of May, in order 
that it may be entitled to draw its portion of the " teachers' money " 
for the year thereafter ensuing ; the commissioner is requirefl by sec- 
tion 2, annually in JMay to apportion the money annually ])aid out of 
the general treasury for public schools among the several towns, ac- 
cording to law, and his ofiice annually ex])ires on the second Tuesday 
of that month. Section 20 enacts among other things that the school 
committee " shall aj)portion as early as practicable in each year, 
among the districts, the money received from the State ;" and sec- 
tion 21 further provides "that at the end of the school year any 
money which shall remain unexpended may be divided by the com- 
mittee among the districts the following year ;" and finally, section 26 
makes it the imj)erative dut) of a district to hold its annual meeting 
near this time, namely in April or May. From all this and from the 
fact that the returns of the districts to the school committees and 
from the committees to the commissioner are made to this date, and 
the school district officers are elected for the year ending at their 
annual meeting, and expii-e then, unless continued by special statute, 
the commissioner must decide that the lecral school year begins on the 
first of May annually, or by section 26, in cases there provided for, at 
the time of the annual district meeting, and in the absence of all proof 



DECISIONS. 121 

of any specific vote of the district, or of any specific agreement 
between the trustees and Mr. Willard, that the contract for salary 
was from the time of the annual meeting held on May 29th, 1855 ; 
and that the payment of two months salary after that time was a 
virtual renewal of the agreement for another year, and should so be 
held in common justice and honesty, unless for reasons good and 
sufficient, the school committee of the town should dismiss him, as 
they have a right to do under the 5Gth section of the school law. 

As to the general power claimed by the trustees to reduce a teach- 
er's wages, or, in the alte]'native, to dismiss him from their school, and 
that on a very brief notice, it should be remarked, that the school law 
manifestly intends that the State shall have some charge of all the 
schools which it in part supports. It therefore very properly forbids 
trustees to hire as teachers persons who do not possess certain moral 
and literary qualifications, — and even those who possess these in an 
undoubted degree, unless they hold or can obtain a certificate in the 
required form and signed by the proper authorities. The law aims 
to prevent trustees from retaining a teacher who neglects his duty, 
and provides that the school committee may dismiss such an one. It 
also evidentl}^ contemplates making the office of teacher one of dig- 
nity and permanence, for the certificate has an existence of from one 
to three years, according to the signature it bears. All these guards 
seem to be reared in order to i)revent the trustees of a school district 
from doing two things which would necessarily tend to destroy or 
degrade their school : from employing the immoral or incompetent, 
and thus poisoning or stinting the morals and the minds of the chil- 
dren, and from hastily dismissing the worthy teacher by reason of anv 
private or personal pique, or in consequence of some temporary excite- 
ment. And as the State furnishes a portion of the money w'hich 
supports the public school of every district, and gives that district all 
the right it has to exist, and to collect taxes for the further support of 
its schools, it is but proper that it should step in by its officers and 
prevent the trustees from injuring the school, or from suddenly dis. 
charging or reducing the compensation of a teacher against whom no 
deficiencies are alleged. It is believed that such powers as are 
claimed would materially injure any school, and that under the school 
law they are not conferred upon the trustees. 

The commissioner of public schools therefore declares that the 
aforenamed decision of the trustees is reversed, and he affirms Mr. 
Willard's right to teach as principal of the grammar department of 
the school in District No. 2, of North Providence, at thtf same salary 

16 



122 



DECISIONS. 



per montli as he lias had for the first two montlis of the current year. 
Give at the office of commissioner of pubHc schools, in Providence, 
this 22d day of September, 1855. 

Robert Allyn, Comm'r of Public Schools. 



DECISION No. 22. 



CASE OF EDWARD S. WILKINSON, GUARDIAN, IN APPEAL FROM TAX 
IN DISTRICT NUMBER ONE, NORTH PROVIDENCE. 



1. Imperfection of a district clerk's rec- 
ord does not render invalid a tax 
properly voted. •' 

2. Commissioner will not decide that a 
vote to assess by percentage is illegal. 



3. The assessment of a tax will be legal 
if it is clear to whom and on what 
property it is assessed. 

4. Taxes must be assessed to a ward in 
the district where the said ward ac- 
tually resides. 



This case was heard at the office of commissioner of public scliools, 
on the 1st day of April, 1856, and the facts, as submitted in evidence, 
and agreed to by the parties, are as follows, namely : 

Edward S. Wilkinson, the appellant, a citizen of North Providence, 
and a resident in School District No. 2, in that town, is guardian of 
Nathan Lazelle, a minor. The said minor has, since his father's de- 
c^se, boarded in the family of a lady whose residence was for several 
years in the same district. No. 2, with Mr. Wilkinson. More than a 
year ago, she removed within the limits of School District No. 1, 
and the said Nathan still continued to board with her in her new resi- 
dence. The family of this lady is admitted to have been the usual 
home of this minor, although he has lor several months during each 
of several years, been absent in other places attending schools for the 
purposes of education. 

On the 8th day of October, 1855, the trustees of School District 
No. 1, above named, Hiram Cleveland, M. D., Olney Arnold, Esq., 
and A. R. Franklin, Esq., by printed notice posted up, called a 
special meeting of the legal voters of the district, to be held on the 
12th of that month, for the purpose of voting a tax to pay the debts 
of the district, and doing any other lavrful business. This meeting was 
accordingly held on the above named 12th of October, and a vote 
was passed levying a tax of twenty cents on the hundred dollars, for 
the purpose at)ove specified in the warrant calling the meeting. 



DECISIONS. 1 2o 

This tax was assessed by the trustees before mentioned, and by the 
town assessor, as is provided in the act relating to public schools. As 
the trustees found Nathan Lazelle, a minor, boarding, and, as they 
supposed, residing within the bounds of their district, No. 1, and pos- 
sessing personal property, they assessed a portion of this tax to him — 
putting it upon the district tax-book, as it .was upon the town tax- 
book, to " Edward S. Wilkinson for Nathan Lazelle." 

It is from this vote of the district, at the said special meeting, by 
wliich this tax was ordered to be assessed and collected, and also from 
the act of the trustees in assessing that tax, that the appeal is taken. 
And it is alleged that the records of the district clerk arc imperfect, 
and do not show that the said meeting was legally notified, nor that 
the resolution ordering the tax specified the purpose for which the 
tax was levied ; and that the act regulating the assessing and collect- 
ing taxes requires that a vote to tax shall specify the sum to be levied, 
while this only specifies the rate or the per cent. ; and further, 
that a tax could not lawfully be collected of Mr. Wilkinson for Lazelle, 
unless it specify the relation, whether guardian, trustee, or otherwise, 
of said Wilkinson to said Lazelle ; that said minor could be taxed 
only where his guardian resided ; and finally, that taxes had been 
paid for the said minor in Wilkinson's own district. No. 2. 

On the other hand, it was shown by proof that the imperfection 
above alluded to, was in the records alone, and not in the proceedings 
of the meeting, that the notice was legal, and that the resolutions 
and votes were in proper and legal form — if the mode of levying by 
percentage instead of by specific sum alone be excepted ; and that 
the tax was assessed to " E. S. Wilkinson for N. Lazelle," as had 
been previously and commonly done by the town. 

Upon these facts, and after considering the arguments of the parties, 
and after advising with Judge Brayton, of the supreme court, the 
commissioner is of opinion that the unperfection of the records of the 
clerk will not aft'ect the legality of the tax. The proceedings, so far 
as the notice of the meeting and the form of the resolution are con- 
cerned, were undoubtedly legal and proper. As to the mode of levy- 
ing the tax by percentage instead of by specific sum, the commissioner 
is not aware that this is contrary to the school law. It is evident that 
the school committee might approve a specific sum after the tax had 
been assessed by the trustees ; and as there is no evidence to show 
that the committee did not approve some specific sum, it must be held 
that the failure to vote a specific sum, does not render the whole tax 
invalid. Also in reference to the assessment of the tax to Edward 
S. Wilkinson for Nathan Lazelle, instead of to Edward S. Wilkinson, 



124 



DECISIONS. 



guardian for Nathan Lazelle, since it was shown that this liad been 
the mode of assessing taxes on the said Nathan's personal property 
in tlio town of North Providence, and since it was not shown that 
the said Wilkinson had ever experienced any difficulty in the settle- 
ment of his accounts with the said Nathan's inheritance before the 
court of ])robate, the conimissioner does not deem it to be proper for 
him to intei-fere, and solely on this account decree a forfeiture of the 
tax on the part of the district. This is a matter of technical law and 
he does iu)t therefore attempt to settle the meaning and usage of that 
law. It is deemed just and best that in this case, this tax should fol- 
low and be paid as other taxes have been paid. 

As to the ([uestion of residence, there is no testimony to show that 
this ward, Nathan Lazelle, was ever at any time considered, either 
by himself, by his guardian or by others, a member of his guardian's 
family ; but on the contrary there is much to induce the inference 
that he has always considered his home with the lady in whose house 
and family he was boarding at the time the tax was assessed. Such 
being the case, the said Lazelle should be regarded as a member of 
her family ; and if he continued to board with her in her changed 
location, he would be liable to taxation for his personal property in 
the school district where she resided. 

The act of the trustees is, therefore, sustained, and the tax against 
Edward S. Wilkinson, for Nathan Lazelle, is hereby affirmed. 

Given at the office of commissioner of public schools, this 15th day 
of June, 1856. 

Robert Aijan, QommW of Public Schools. 



DECISION No. 23. 

CASE OF SCHOOL DISTRICT NUMBER EIGHT, WEST GREENWICH. 

District trustees must act as a Loard. 
Meetings of Trustees of Scliool Districts and their Duties. 

Decision in case of appeal of Greene and Wood, citizens and trus- 
tees of District No. 9, West Greenwich. 

An appeal was sent to the commissioner of public schools, signed 
by Caleb Greene and Jonathan N. Wood, from West Greenwich, 
and received at the office on the 15th of November, 1855, appealing 



DECISIONS. 125 

from the action of Joseph Nichols, Esq., a trustee of School District 
No. 9, in said West Greenwich, who in connection with the citizens 
of said district hired a teacher for the winter scliool of said district. 

The facts on which this appeal is based, as they appeared in evi- 
dence taken at the trial which was held in the school-house in School 
District No. 9, on the 21st of November, 1855, are as follows : Joseph 
Nichols, one of the three trustees of said district, made a contract 
with Layton E. Seanians, of Coventry, on the 11th day of October, 
1855, under the followino; circumstances : Instead of calling a meet- 
ing of the three trustees, he called a meeting of the citizens of the 
district at the school-liouse, and laid before them the terms of the 
contract which it was proposed to make with Seamans. It appears 
that there was at this meeting a discussion as to the probability of 
Seamans being able to draw the public money on account of his State 
certificate having been annulled ; and after the discussion it was very 
generally agreed — only one man decidedly objecting — to hire Mr. S. 
on the proposed terms. Several, hovA'ever, expressed doubt, but con- 
cluded to make no objection, and among tiiese was Jonathan N. 
Wood, another trustee of the district, who thus gave at least a quali- 
fied assent to the arrangement. The other trustee, Caleb Greene, 
was not pi'esent at the meeting. It also appears that this meeting of 
the voters of the district was not called legally, but only informally, 
and that the trustees were not notified to meet as trustees. 

The question is as to the legality of a contract thus made. 

And here it is proper to say that immediately after the trial a 
mutual arrangement was made between the appellants and Mr. 
Nichols, by which the school was to go on, and a new contract was 
made according to the terms of the law by the trustees, so that the 
question is now only purely abstract, and relates soleh^ to the proper 
mode of calling meetings of trustees of school districts, and to the 
method of conducting business in these meetings. 

The commissioner,' therefore, decides that a district, at a meeting of 
its voters, has no power to hire a teacher even if the meeting is legally 
called, and such an item is inserted in the warrant. In sects. 38-36, 
inclusive, of the act relating to public schools, which enumerate the 
powers of districts, no mention is made of the " power to employ" 
teachers ; but, on the contrary, sec. 40, specially confers upon the 
trustees that power, and it is made " their duty " " to employ one or 
more qualified teachers for every fifty scholars in average daily at- 
tendance." It is, therefore, the plain duty of the trustees to emi)loy 
all teachers, and a meeting of the voters of a district could only be 
advisory. ■ 



126 DECISIONS. 

As to the mode in which the trustees shall discharge their duty, 
it ought to be a rule never to be departed from, that when the district 
appoints three trustees, as it may, the three should meet and confer 
upon all questions relating to their official duty. Many of their duties 
are deliberative, and, therefore, cannot be delegated to, or assumed 
by, any one of their number ; such as making contracts with teachers, 
or for repairs or fuel, preparing tax lists and rate bills ; and these 
things, of course, require a meeting of the three, or at least of a 
majority after due notice given to the absent minority. And it is 
highly improper, that any single one should, in any duty not strictly 
ministerial and prescribed to him by vote of the body at a meeting, 
act with the expectation that his colleagues will ratify what he shall 
have done. 

The mode of notifying meetings of trustees is not specified by law, 
and is therefore left to be a matter of common agreement among them. 
Generally, as they are near each other, a verbal notice from the 
chairman will be sufficient. 

Given under my hand, at the office of commissioner of public schools, 
in Providence, this 20th day of February, 1856. 

Robert Allyn, Comiii'r of Public Schools. 
June 16, 1856. 

Approved. 

Geo. a. Brayton, Associate Justice of the Supreme Court. 



DECISION No. 24. 
case of school district number three, north providence. 

All business of special meetings of school districts must be specified in the notice of 

the meeting. 

Decision in case of Walter Sherrod and William E. Dodge, on 
appeal from vote of School District No. 3, North Providence. 

This appeal was from a vote of a special meeting of District No. 
3, North Providence, held on February 15, 1856, at which time 
Philip B. Stiness, Jr., was elected trustee of said district, in place of 
John Trainer, who had previously sent in a letter resigning his office. 
The hearing was appointed for February 28, at 12, m., at the office 
of the commissioner of public schools ; at which time and place the 
parties appeared before the commissioner, and the following are the 
facts in the history of the case, as they were proved or admitted by 
the parties, viz. : 



DECISIONS. 127 

At the annual meeting of the district, held May 31, 1855, Walter 
SheiTod, William E. Dodge, and John Trainer were elected trustees 
of the district for one year. Some time during the month of Septem- 
ber, 1855, Trainer, in writing, communicated to the clerk of the 
district, his resignation of the office of trustee. On the 1st day of 
February, 1856, a notice, signed only by Sherrod and Dodge, the 
two acting trustees, was put in the proper places, calling " a special 
meeting" of the legal voters of the said district, (No. 3,) at the 
school-house, on Wednesday, the Gth day of February, at 7, p. m. 
"• To receive the new school-house, order bills, and do any other 
business that may lawfully come before said meeting." The meeting 
was accordingly held, and after otiier business had been done as named 
in the notice, inquiry was made resjjecting a rumored resignation of 
Trainer. The clerk presented such a letter. A motion was then 
made to accept the resignation, and it was immediately concluded to 
postpone taking the question on that motion to the adjourned 
meeting, which was ordered by vote to be on the 15th of February, 
at 7 P. M. 

At the fixed time the adjourned meeting took place. This was a 
continuation of the former meeting held under the same warrant, for 
the same purposes and for none other. At this meeting it was voted 
to accept the resignation of Trainer, and immediately thereupon it 
was voted to proceed to fill the vacancy so caused. Philip B. Stiness, 
Jr., and Joseph Healev were nominated, a ballot was taken, and, 
after counting, the moderator declared Stiness elected, he having a 
majority of all the votes cast. 

It is from the vote thus declared that the appeal is taken, and it is 
claimed that the school law imperatively requires tliat the business 
of every special meeting shall be named in the. warrant by which it 
is called ; wherefore the commissioner is asked to declare the election 
of Stiness null and void, and he is requested to lay a statement of 
the facts and of his decision before one of the judges of the supreme 
court for his approval. 

The commissioner is of opinion that such an election cannot be con- 
sidered valid. Section 29, of the school law enacts, that notice of the 
time, place, and object, of every special meeting shall be given for five 
days inclusive, before the holding of the same. The notice put up on 
the 1st for a meeting to be held on the Gth, contained no specification 
concerning the election of a trustee ; and as this meeting was 
adjourned, and another notice was posted up, it must be held, that 
the meeting of the lotii was not competent to elect a trustee — an 
item of business not named in the original warrant. If it is said that 



128 



DECISIONS. 



a motion was made to accept the resignation of Trainer, and this 
being postponed to the next meeting was a sufficient notice of the 
intention to elect a trustee, it will be an ample reply to say, that such 
postponement cannot be considered a notice according to the require- 
ments of the law. For section 30 of the school law specifies the 
mode of notice, which is " by publishing in some newspaper, or by 
putting up notice, or in such manner as the school committee may 
require." The notice certainly was not given in any of these three 
ways. It may also be said, that if the law requires the business of 
every special meeting to be named in the warrant, trustees, if so dis- 
posed, might prevent action on any necessary matter by failing or 
refusing to insert it as an item in the warrant callino; the meetino-. 
But section twenty-seven, of the school law, provides against this by 
commanding the trustees to call a meeting " within seven days, on 
the written request of any five qualified voters, stating the object for 
which they wish it called," and if the trustees neglect or refuse to 
call such meeting, the school committee may call it and fix the time 
of holding it. The election of a trustee was therefore not proper 
business to come before the meeting, either of the Gth or the 15th of 
February, and the election of Philip B. Stiness, Jr., is hereby 
declared void. 

Given at the office of commissioner of public schools, in Providence, 
this fifteenth day of April, 3 856. 

Robert Allyn, Comm'r of Public Schools. 
July 1, 1S56. 
Approved. 

Geo. a. Brayton, Associate Justice Supreme Court. 



DECISION No. 25. 

CASE OF SCHOOL DISTRICT NUMBER THREE, WEST GREENWICH. 

Decision of commissioner of public schools in case of appeal of 
Charles Andrew, from the vote of the school committee of West 
Greenwich, by which they refused a portion of the public money to 
School District No. 3, in said town. 

This appeal was made to the commissioner of public schools on the 
12tli dav of April, 1856, and heard at his office in Providence, on 
the 29th of the same month, and, by adjouriiment, w-as continued to 
May 1, 185G. The history of the case, and the facts as they appeared 
in evidence, are as follows: 



DECISIONS. 129 

The general assembly at its October session in East Greenwich, 
in 18i34, passed an act ip. relation to School District No. 3, West 
Gteenwich, to allow said district to draw the pubhc money and use 
it to support a school in a sciiool-house owned by proprietors, and 
standin*; on the north side of the stream runninp;; throujih the district, 
until the first of October, 1855, and until they should buihl a sciiool- 
house on or near Carr's corner, on the south side of the above-men- 
tioned stream ; and the same act appears to have contem})lated 
compeUing — though without a penalty — the building of this new 
school-house. 

Immediately after the passage of this act, tiie district held a legally 
notified meeting and voted to build the contemplated school-house on 
Carr's corner, and appointed a building committee of three to procure 
plans and sj)ecitications, to purchase and take a deed of the lot, to make 
contracts for the school-house, and to superintend its erection. This 
buildino; committee, understandino; that the location of the house was 
fixed by the act of the general assembly, procured j)lans and specifi- 
cations and laid them befoi-e the school committee for approval as the 
law directs. The committee retained these plans and finally failed to 
act, either by way of approving or disapproving. Two of the build- 
ino- committee soon after their election resiiined, and two others were 
appointed by the district in their places, and this latter building com- 
mittee has taken no action in reference to the new school-house. In 
these circumstances, as the committee of tlie town did not approve, 
and the committee of the district did not act, and since the new school- 
house could therefore not be built as contemplated by the act of the 
general assembly, the trustee of the district continued the school in 
the proprietor's school-house on the north side of the stream, and 
applied to the sciiool committee of the town for their district's por- 
tion of the public money to pay the teacher's wages. The school 
committee, by vote passed at their regular meeting on the 2d day of 
April, 185G, refused to grant an order for any portion of the public 
money, alleging that said proprietors' school-house was, by the before- 
named act of October, 1854, to cease from and after October, 1855, 
to draw any portion of the public money. It is from this vote, passed 
under these circumstances, and for these j'easons, that the appeal 
is taken. 

An appeal is also taken from the act of the school committee, and 
from tiie usage of the town in dividing the money received from the 
State treasury and from the town tax equally among the districts in 
the town, and it is alleged that the school law obliges every town to 
apportion the money so received from the State, one-half of the town's 
17 



130 nKcisioN.s. 

jiorlioii of .1i)3r),000 equally anionn" the districts, and tlio otlicr halt' in 
propoi'iion to the avci'age attciuhuice of scholar.; in thi' schools of the 
several districts. 

And the school committee nsk th;it tlu> commissioner ot" puhlic 
schools shall lay his decision hefore one ol'tlu' Jnd^es of the supreme 
court for his ap])rov;d. 

In reference to the vote of the school committee hy which tlu-y 
refused to gi'ant any portion of the puhlic nioiiev to School District 
No. 8, since October, iSf);*), the conunissioner is clearly of o])ini()n 
that till' act upon which tlicN' claim to_i;ronnd their refusal, can l)ear 
but one construction, namely : that the pid)iic money shall he paid to 
support tlu^ puhlic schools kept in tlu^ proprietors' school-house on the 
north side of the stieam, until ()ctol)er, l.Sf),"), and till the conteui- 
plated new school-house is huilt on or near Carr's corner. The dis- 
trict appears to have attempted u o;ood i'aith to cany out the ilesio-n 
of the act of the ot'nei-al assembly to build a school-house, and to 
tills end they ])assid the ni-cessary votes and elected a building com- 
mittee. This committei' also appears in ^ood fiith to have submitted 
plans and specifications of a school-house to the town's committee as 
the law reipiires, and 1)\' the failure of this committi'c to act they 
were prev(>nted entirelv from accomplishino- theii* desij^n. Had the 
town's committee disa|)proved these plans, an appeal mi<;ht have been 
taken and their decision could have- bei'ii reviu'sed. But as they ueo-- 
lected to act, the intention of tlu' district was completely frustrated, 
without any faidt on its |)ait. Tlu> connnittee of the town may have 
acted and probal)ly did act wilhout intention to frustrate the (lesii<;n 
of the law ; but it neirlected its plain duty in the case, and if the 
statute cited wei-e even differiMit from what it ])lainly is, it ou(j;ht not 
to take ailvantage of its own )U'<i;li<j;ence to deprive one district of its 
just j)()i-tion of the ])ublic nu)nev ami to divide that j)orlion amon«^ 
the other districts of the town. 

It was at the time of the trial conteiuled that the buildino- com- 
mittee ought, by the act referred to, and by the school law, to have 
cariied their plans to the counnissiom'r of public schools for approval. 
lUit the act of October, ISof, oidy specifies that the conunissioner, 
in the eviuit of a non-agreement of the district to build on the lot 
specified on Carr's corner, shall "• locate the said school-house,'' a)id 
the genei'al laws Command that evei-y school-house shall be built alter 
plans ap|)roved by the school connnittee of the town or the conunis- 
sioner of public schools. 'I he building conunitti-e then ought first to 
apply to the school committee of the town, and in casi' of their dis- 
approval or refusal to act, they could then carry the plans by appeal 



DECISIONS. • 131 

or otliervvise to the commissioner. ]>ut by the ne^rlect of the com- 
mittee ill this case, and by their retaining tlie |)lans, the building 
committee were totally ])re\ente(l from carrying them to the commis- 
sioner, who properly has no oi-iirinal jurisdiction in such matters. 

The commissioner, therefore, decides that School District No. 8, is 
justly and legally entitled to the balance of its true proportion of the 
public school or teachers' money, and the said vote ot the school 
committee of West Green vvii*h is hereby ileclared to be reversed ; 
and the said committee are hereby commanded to draw an order on 
the town treasurer ol'said West Greenwich for the said balance, viz.: 
tifty-one dollars and seventy-three cents (-151.78) now due to said 
district. 

In reference to the second ])art of said ap])eal, which asks that the 
commissioner would i-evci-sc the act of the committee of said town 
dividing the public school money equally among all the districts of 
thc! tow 11, the commissioner decides that he can afford no relief. The 
general school law does indei'd expressly state that the one-half of 
the money given from the general treasury for public schools in any 
town shall be divided in proportion to the average attendance of 
scholars in the se\x'ral schools of the town ; and the other halfefpially 
among the several tlistricts. But it does not s])ecify the manner in 
which a town may divide the money raised by its own vote, and that 
arising from the |)ayment of registry and military taxes. It was given 
as the opinion of the late commissioner, lion. E. II. Pott'M-, that 
towns are at liberty to divide this according to their own pleasure, so 
that they use it judiciously for the good of their schools. It may 
follow, therefore, that a town may s(j divide its own money and regis- 
try and military taxes as to make up the inequalities m the sums 
payable to its several district^}, that would arise from the legal division 
of the State's money. And as the usage is oi long standing thus to 
equall;<e the portions of public money paid to the several districts in 
West Greenwich, the commissioner sees no reason to disturb it, and 
feels that he has no authority s(j to do ; and further, it does not aj)- 
pcar that this district. No. 3, is de|)rived of any money it would have 
had under tin; division of the public money according to the techni- 
cal language of tlu; statute. 

Given at the otHce of commissioner of j)ul)lic schools, in Provi- 
dence, this nineteenth day of May, A. i). 185G. 

Robert Allyn, Comrnr of Public Schools. 
June IG, 185G. 

Approved. 

Geo. a. Brayton, Associate Justice Supreme Court. 



1H2 • iiK("TsroNs. 

DECISION No. 2»;. 

CASK OK SCHOOL DISTIMCT NUM15KII SK\ KN, lUIKRlKKVlLLK,. 

No pcrsdii ft) vole (111 ••my )irop<iHil idii (o r!iis(^ ;i l,;ix, unless hn is li;ilil(> lo pn.y a part 

of said tax. 

Decision ol" commissioiuM" ol' |)u!i!ic scliools in caso of a])])(':il of Dan- 
iel S. iMowrv and otlicrs from certain voles declat'cd to he |)assed at 
certain niei'tinos ol" the voters of School District No. 7, Biirrillville, 
lu'ld on March 'J*.), ISot), and continued hv adjournment to May 12 
ISf)!), and also on the first Monday in May, 185(!. 

This appeal was received at the olHce of the commissioner on May 
10, is")!!, and the time of liearinij; was fixed for the 2lid of May, 
at which lime llu' parlies appeari'd and the case was continnt'd to 
.Inne lli, IS,")!!, whi-n it was hearil, and the followino; are tlu' facts as 
they were snhstantiallv a<:;reed to hy the pai'ties, namely: 

In IS;")'), a tax was assessed in District No. 7, Hnrrillvillc>, for the 
purpose of hnildino- a schooldionse, or payini:; for a school-house thi'ii 
lately luiilt. A part of this tax was collected, namely, the sums 
respectivi'ly assessed to Smith Aldrich, .flO.OI ; A. Bowen and wife, 
la.im; Stephen (dark, f|21.r)(;; Jos. O. Clarke and wife, -li^l^.H ; 
Walter T. Harris and mother, ^^I.ol ; P. W. Hawkins & Co., 
$ir).|0; Alvah and Russell Mowry, *10.7S ; Alvah Mowry, !|12.70 ; 
D. S. Mowry,*22.0! ; lMud)e Mowry, x2.:'.l : D. Smith, Jr., ,f 21.5(1 ; 
S. Wood, *2l).2r); (). Youuiis, .t2ti.i>4; S. II. Youn,os,$l.r)4 ; S. A. 
Aplin, -tl.T)!, amoinitini!; in all to -1^220. Oo. This tax was, when these 
sums hatl heen collectinl, declared i)v the late commissioner of |)ul)lic 
sclu)ols to he illegal, and tlu> tax was ordered to l)e reiissessetl in Feb- 
ruary, iSf)!. ()f this rejissessment, the ahove sums were coimteil as 
])aid, and the lollowini: smns were |)aid additional, namely, the assess- 
ments made to , John and Wm. r>. Adams, $8.85 ; Stephen Brown, 
<f20.7l»; -los. O. (darke and wife I cent ; Alvah Mowry, 1 c-ent ; R. 
& Dennis Mowry, !if'7.70 ; D. S. Mowry, 1 cent ; Daniel Mathew- 
son, *2.12: K. Matlu'wson, *2.I2; W. Mathewson, *2.12; John 
INlathewson, <t.").00 ; heiis of Syria Steero, #lo.8tl ; Elma Steere, 
$4.(12; Alice SteiM-e, $f.tl2; Nelson Steere, $:^:^'^ I Lillis Steere, 
Tafl farm, iuLlll — in all $70.35, was collecteil, and hoth of the ahove 
sums were paid into the hands of the distrii-t treasurer, amounting]; 

to $:u)(i.;u). 

Owin«j; to alleoed illen;aliti(>s in the assessment of this tax, the col- 
lector refuseil to procet'd and collect tlu' halance, and this sum of 
$801). 30 has since remained in the hands of the treasurer of the district. 



PKCISTONS. 



188 



As tlio district w;is o\vin<:i; sovoral sums of inoucv to siuulry por- 
soiis, !i nuM'tinn; wns lo^allv (mIIciI on the 'JIHli tl;iv ol' Mai'cli, iHf)*), 
and was contiinicd hv adjournnicnl to April llltli, IS;')!*, lor llic \)\w- 
|)osi' of ])a\'inij tlu'so drhts. At this (irst, nict'linn' it was voted or 
(U't'lari'd to ho the vote ol' tlic nu'ctino- to pay llii' di'hts ol" the dis- 
trict witli xho ahovo-iianu'd money in the liands of ihe treasur(>r. 
I^'rom this vote an a|)|>i'al is taken, and it is claimed that no persons 
have the rii^ht to vote on questions concerning; the disposition or dis- 
hursement of this money except such as ha\e |)aid a portion of it. 

The connnissioner decides that the school law (Iocs iinpri'atively 
])rohil)it any person I'rom votinj;' on any (piestion concerninii; taxation, 
unless he has paid oi' shall hr liahle to |'iiy, a portion of such tax ; 
and on exannnation of the names of persons who xoted lor and against 
said motion to pay the dehts ol" the distiMct with this mone\', he (inds 
that no person so having' jiaid a portion of said tax, xoted in the 
allirmative, and that li\c persons so haviuLi; paid a jiortion of said lax 
voted in the nei;ati\i'. lie thcrelore dcciari's that thi> motion was 
lost. 

/Vt the adjourned meeliiin' held oil the I'Jlli of /Vpril, it was mo\'ed 
to rest'ind this xole declai'e(| jiasscd at the iiiertiii<^ ol' the? 'J'.MIi ol" 
Mairh, l>ut as that was not- carried lei^ally, the resciiidin<;- could 
have no elU'ct. 

At a meetinj;- held on the lii'st iMondav ol Mav, iSTilI, it was move(l 
and seconde(l '' that the money that was collected in 1858 and IcSoJ 
i'rom the ratahle property ol" a portion ol' the tax-payers in this dis- 
trict, and |.aid into the trt-asury, he paid hack to those from whom it 
was colh'cted." 'This motion was voted on, and, on an examination 
of the naiiu's ol" the persons votinjj;, the coimnissioner linds that nine 
oidy had a ri^ht, undei- tin- school law, to voti' ; and that of those 
votin*^ in the negative, none had a, rii^ht to vote; aii<l it is thei'id'ore 
decided that said motion should have hei'ii declared to he carriecl in 
the affirmative, and it is herehy so decided. 

The comnnssiont-r tln'rd'oi'e decides that saiil vole t,o pay t in' ahovo- 
named sums ol money to the ahove-nanied persons who ])ai(l them 
into the treasury ol' the said District No. 7, was |)roperlv an(' Ici^ally 
cai"rie(l in the meetin<j; ol' the voters ol' the said distrid, held on tho 
first Monday of May, inrjl). And the treasurer ol" the said district 
is herehy ivcpiired and conn/ianded to pay tho above-named suuis to 
the persons named in connection therewith. 

(Jive at this olhce of commissioner of pidilic schools, this r)th day of 
July, 1850. 

Roiii'iiJT Ai-i,YN, Coinr/rr of l*ubUc /Schools. 



134 DECISIONS. 

DECISION No. 27. 

CASE OF PHILIP B. STINESS, JR-.'s APPEAL, VS. J. H. WILLARD, CLERK. 

In case of the appeal of Philip B. Stiness, Jr., from the act of 
John H. WiUard, clerk of the school committee of North Providence, 
in orderino; sundry bills to be paid to teachers in School District No. 
3, of said town, while a protest against the payment of said bills was 
before the school committee. 

This appeal was received June 19, 1856, and sets forth, as a fact, 
that John H. AVillard, as clerk of tlie school committee of North 
Providence, made three orders on the town treasury of said town, for 
certain bills for the wages of the public school teachers in School 
District No. 3, of said town, while a protest was on record against 
their payment ; that said teachers had not been employed in a legal 
manner by the trustees of said disti'ict, inasmuch as there had been 
no meeting of the board of trustees for the district, and that at the 
time of ordering those bills the said J. H. Willard was not legally 
authorized to order bills foi' such services, inasmuch as the term of his 
office had expired. 

The aj)peal was heard on the 21st of June at the office of the com- 
missioner in Providence, Mr. S'tiness a])pearing for his o^vn appeal, 
and Mr. Willard af)pearing in opposition to it. The facts were sub- 
stantially agreed to by the [)arties, and were as follows, namely : 

At the annual district meeting of this School District No. 3, North 
Providence, in May, 1855, three trustees were elected ; one of these 
resigned sometime in September, 1855. His resignation was accepted 
by the district in February, 1856, and a new trustee was chosen in 
his. place. The other two trustees refused to recognize the election 
of this man, and held no meeting of the board of trustees; and it was 
subsequently decided by the commissioner that said election in February 
was illegal. The law makes it necessary to have one or three trustees, 
and as there were but two who were clearly elected legally, the two 
could not act, especially when they were neglecting to recognize one 
who had been chosen in a district meeting and held prima facie evi- 
dence of being a trustee. The two "trustees, thei-efore, acted in con- 
cert, and engaged teachers, though there is no evidence of having 
called a meeting of their board. 

The spring vacation occurred from April 11th to April 28th, or 
thereabouts, and the summer term commenced on this latter day. 
The bills paid, or ordered to be paid, were for the wages of the five 



DECISIONS. 185 

teachers from this last-named day, up to May 31, 1856, and of course 
covered more than one niontli, or one-tliird of the term. They were 
presented at the last meeting of the old school committee for the year 
endmg June 2, 1856, and in consequence of the protest above alluded 
to, the bills were laid over to another meeting. Soon after this last 
meeting a town meeting was held about June 2d, and a new com- 
mittee was elected. On the 6th of June the cleik of the old 
committee, John H. Willard, did give orders for three bills, notwith- 
standing the jirotest, the expiration of the year, and the election of a 
new committee. The amount of these bills is not at all essential to 
the decision. 

Mr. Willard contended that he, as clerk, held office, as did the 
school committee, till their successors are qualified bv taking the 
engagement, and that school teachers being, as these were said to 
have been, hired for no definite time, must hold their places till the 
trustees hire others, or rather till they are dismissed in a legal way. 

There are three questions i-aised for decision in this case: 

1. Were these teachers, employed as they must have been on a 
new term commencing within one of the months fixed for the aimual 
meeting — say April 28th — legally employeil, and were they entitled 
to their wages without some action of the board of trustees or the 
school committee ? 

2. Could a clerk of a school committee legally assume the power 
to order such bills as were under protest, and vrhile thus under pro- 
test, having been laid over, either by vote or by consent of the com- 
mittee, to another meeting, even though he had a general authority 
to order ordinary bills? 

3. And granting that these school teachers were legally employed, 
and that the clerk would have authority to order Liils while under 
protest and laid over, would he have such authority beyond the year 
for which he was chosen, and after another committee had been 
chosen ? 

The commissioner's opinion upon the first point is, that these teach- 
ers were not legally employed. The time of the annual spring vaca- 
tion in these schools comes within the month of April, a month in 
which the annual meeting of the district may occur. This must be 
reckoned the end of their year, unless by special or implied agreement. 
There was a vacation, and the trustees or the school committee are 
the only authority to regulate the length of that vacatioii, and conse- 
quently one or the other (tf these bodies must fix the beginning of the 
term after that ^'acation. The trustees could not have done that 
legally, for they had no legal meeting during the time from March 



186 1)K(!ISI()NS. 

till Miiy 27tli, or about that time. And the school committee did 
not lix the time of coMimencinii; these schools. The teachers must 
therej'oi'e he considered as ha\ini;- he^uii the schools of their own 
motion, and they were theret'ore not Jeo;ally employed in such sense 
as to he entitled to orders on the town ti'easurv for teachers' money 
I'oi- their waues. Jt may here he remarked, that as the time I'rom 
April 28th to May ^Ist was only a small j)ortion oi" the summer term, 
there was ample time for an election of" trustees hy the district, and 
the adoption of these schools both hy these trustees and the school 
cnunitittee, hut at the time of oiderini;- these bills tln'y had not thus 
been a(lo])ti'd. 

As to th(> second point, whether the; clerk could leo;ally order bills 
of this kind, the connnissiorn'r is clearly of o])inion, in accordance 
with a decision of the late connnissioner, lion. E. 11. Potter, that the 
clerk has no ])ower whatever to do any act that is discretionary with 
the couunittee to do oi- not to do. It is a well settled ])rinciple that 
such a body as a i-chool cduimittee cannot deleoate to any one of its 
servants any discri'tionary power. It may, and indeed will, often 
find it necessary to (lele<Tate ministerial powers, but it cannot go fur- 
ther than this in its acts of delei;ution. As these bills were under 
protest, and as it lay wholly in the discretion of the school connnittee 
to receive the schools and visit them and allow the teacher their bills 
foi" wa^'cs, in short, to make tlu'm le^al, it must be held that any act 
of the cii'rk which should attcmj)t to f'arestall the action of the com- 
mittee in reojArd to that piotest would be illei^al and void. 

In ri'g'ard to the third point, it may b<^ remarked that this in'cd not 
be decided as material to the case, for the above conclusions arrived 
at on the first two points will definitely settle the question in all its 
practical beariii<is. P>ut inasmuch as it is a jiointthat may be of nuich 
practical moment, it is thought best to give an opinion on that also. 
It seems manifest from the law that it was not intended that a school 
connnittee should hold office beyond the time of tlu; ap|)ointment of 
othei' pei'sons in their place, not the (pialilication of tln'ir successor in 
office. The 8th section provides for the election of a school ct)m- 
niittee by the town at its animal meeting, but the town council may 
appoint the school connnittee if the town fails to do so, (see Digest, 
J). r>U2, section 5 ;) and the filling of vacancies is committed to the 
boai'd of school connnittee by section 18. Section ()o declares that 
all school oflicei's shall hold ollice till the next annual idection or ap- 
pointment for such ofiice, and until other persons are apj)ointed in 
their places. And it provides that if any one neglects to take the 
engagement, he uiay be fined one dollar; but all acts of such officers 



OECISIONS. 187 

otherwise lawful shall bo valid fi'oiii the time of their election or 
a|)|)C)iiitineiit, iiotwithstandiiii^ such neglect. And this \iew is still 
fui'ther strenn'theiird hy the l<Sth section, w hicii ^ives the school com- 
mittee power to fill vacancies occasioned " by dechning to sei've." If 
it requires the eufragement of a new officer or school-committee man, 
in ))lace of the old, to terminate the former's tern^ of ofhce, how can 
a vacancy occur by declining; to serve, as distinct from i-esignation ? 
A town mi<>;ht decide to remove the old hoaid, but bv two nu'inbers 
of the new board simply declim'nn- to lake; the oath, the miijoritv of 
the old board would hold over. It cinuiot, thei'elbre, be supposed 
that the law means any thinn- other than what it plaiidy says ir. sec- 
tion ()f5, that the election or a])poinlmciit of another persou in plac(* 
of an incumbent in the office of a school committei' docs necessarily 
terminate the official term of that incund)ent, without waitiui*; ibr 
that successor to take his eniianc'iiient. In a case of so much im- 
]»ortance as this, nothinij must be presumed that is not specially said 
in the law ; and as this lavv does say appointment and not enoan;e- 
ment, it must l)e held that the apj)ointment of a new coiiunittee does 
terminate tiie term of the old. 

A school connnittee shoidd then.'fore on no account assume to trans- 
act any business after their successors are chosen. And if they ouifht 
not to do this, how miudi stron<);er is the reason why the clerk should 
not attempt an act which lies iu)t at all in his power at any time, but 
is discretionary with the full board of the connnittee? 

The act of John II. VVillai-d, above recited, is therefore hei'cdiy 
de(dare(l to ha\'e been wholly illenal, and is thereibre de('lared to bo 
void. 

Given at the office of connnissioner of public schools, in Provi- 
dence, this hi]\ day of July, A. i). 18.")(>. 

RojiioiiT Aj.i.yn, Comrar of Pahllc Schooh. 



DECISION No. 28. 

CASK OF SCHOOL DISTRICT NUMBKU SEVEN, TOWN OF WARWICK. 

Lcgalitj' of giving a district tax to a town collector when there is a district collector 
duly ai)point(!d and (luulified. 

Q(S. " By a vote of School District No. 7, of Warwick, R. T., the 
undersi»j;ned were appointed a connnittee to sid»inil lo the commis- 
sioner of public schools the question of the legality of puttini/; the 
18 



13« DECISIONS. 

collection of the district tax into the hands of tlic town collector, 
toi^etluM' witli tliii rcL'oi'cls oi- a copy thereof of the |)roc{H'din;j;s of the 
last annnal nu'etinji; and of all suhsccpuMit inrctin^s. 'I'hcy now ask 
leave (o present their ease hy testimony and ai-^nnient, and ask that 
the derision of the eoininissioner when niaih-, and a statement ol" the 
facts as in evidence, shall l)e laid hefori; the chief justice (jf the 
snpremc conrt, for his appi'oval. 

'l\t the Commissioner of i'nbhc Schools. 

II I'.NiiY L. Grkknk, \ 

W'u. H. Si'KNCKU, > CoinmUtee. 

James P. (iaiidnkh, ) 

Providence, R. I., Octoher IT), isr)!!. 



Office of Commissioner of Public SchoM^ | 
Providence, Oct. 17, 1S5(). \ 

U]ion the qnestion above recited, and npon the evidence ]iroduced 
on the hearinn- of the same before nie, I decide, that, aecordin;j; to 
the .")7th section of till' act relating; to pnl)nc schools, '•'• any (hstrict 
may vote to place the collection ol any lax oi" rate bill in the hands 
of the collector of town taxes," notwithstandinii; there be a district 
colK'ctor ; and 1, lia\inii; l>een satisfied 1)\' evidence^ that a vote to that 
ellect, has been passed at a reonhir district meetinu; of School District 
No. 7, of the town of Warwick, decide' that the collection of the tax 
in question inay be legally confided to the collector of town taxes of 
that town. 

Given under my haiul the day above named, Oct. 17, IHoC). 

Roni'.K'r Ai.iA'N, Comni'r of Public /Schools. 

U|)on conference with the school commissioner, and a statement of 
the i'acts in the above matter by him laid before me, I approve of the 
above decision. 

Samuel Ami';s, Chief Justice Sup, Court. 

October 17, 18CG. 



DECISIONS. 1 '^9 



DECISION No. 2iJ. 

CASE OF JOSEPH CKANDAElAs Ari'EAl- FROM ACTION OF TRUSTEES OF 
SCHOOL J)ISTRlC'l' NO. 2, EXETER. 

AVhcro liuid lying in two district.s is asHOSsod in ono parcel by town assossoi's, trufitocs 
of a school district liavu no right to asMc;88 itw value, iiiid must call on a town 

assessor. 

Stateiiu'iit and decision ot" commissioner oi' public schools in case 
of the appeal of Josepli Crandall, of Richmond, from tlie action of 
the trustees of School District No. 2, of Exeter, in assessing; a tax ibr 
repairino- the school-house in said district. This aj>peal was made to 
the couunissioner of |)ul)lic schools on the 14t]i of February, 1857, 
and was ti'ied at iJichmond, on the lOtli day of March, 1857. The 
ai)pellar.t was heard i)y counsel George II. Oiney, and the trustees 
by counsel Isaac Greene. 

The facts as ascertained b}' the commissioner, arc as follows ; and 
they are reported to Hon. Chief Justice Ames, for his opinion on 
tiiem, at the joint request of the parties, namely: 

On the rAhh day of Aujrust, 185G, at a legal meeting of the voters 
of the above-named district, it was voted to assess a tax of -f 150 on 
the ratable property of the district. This tax was assessed during 
the month of November, 1850; and on tlie 7th of P^'ebruary, 1857, 
the trustees issued a warrant to collect it. 

Among the persons taxed for real estate, was Josej)h Crandall, who 
is owner of two farms in Exeter, one called tlie " Rathbun farm," 
lying ou the north side of the so-called " Ten-rod roa I ;" the other, 
c-alled the " Hazard farm," lying adjacent to the Rathbun farm, but 
on the south side of the said road. This road divides the tw(j dis- 
stricts No. 1 and No. 2, — the latter being on the north, and of coui'se 
including only the Rathbun farm. It api)ears that a part of the 
Hazard farm adjacent to the Rathbun land has for several years been- 
rented with tins Rathbun farm ; and as the tenant was to pay road 
taxes, it has been by the town assessors taxed or valued in the same 
parcel with it. 

The tax against which complaint is made was for this parcel of land, 
which, on the assessors' book for 1855, the book by which the trus- 
tees were governed in their assessment, was called the " Rathbun 
land," and was valued at •'it?900 under their rules. The sum assessed 
was $12.80, 



140 DECISIONS. 

'i'lic !i|)|i('ll;iiif cliiims tlint this pjirccl of liind, so vnlticd at -1000, 
inclu<lcs a part- of tin.' Uazaid rami, lyiii.ii; in aiiotlu-r school disti-ict, 
and hal)k' lo a tax thi'i'c ; and that siiid tax cannot he lcn;al, inasmncli 
as the trnstccs did not, in niakiiiLi; the asscssincnt, ])roiHH'd accordin<j; 
to the rc(|uircini,'nts of section JT) of the act ivhitinji; to |)nl»lic schools, 
which declares that, in cases of proiu-rly lyino- in two (hstricts, and 
liavino; no sepiirate vahies on its respective jtarts, the trnstiH's, if they 
cannot aii,ree with the owners, sliall call on a. town assessor, who shall 
assess the valne ol the |)i-operty so sitnated. 

The only (pu-stion, then, to he decided is a (piestioii of fact, as to 
whether the parcel ot land named in the assi'ssors' tax hook of lSi)a, 
and in the trustees' warrant called the "• Kathhnn land," is sitnated 
wholly within the honnilaries of .School District No. 2, or partly also 
in No. 1. 

'Iho facts hearioL; on this cpiestion are these: In 1^49, the two 
fiirnis are taxed lor the value of -'if'UStX), — Kathhnn tiirni, -f (100 ; 
ili/.ard fai'in, •if'l,"JO() ; and this valuation has not materially ehan<:;ecl 
since, thoui^h diminished a trille. In IS,"):'), there is a dilferent divis- 
ion of \alues, — the Jiathhun Wwiu heinu; set at #IM)0, and the Hazard 
I'arin at -if'S.'*!). This division of values continued to IS")!!, when it 
stands, — Ivalhhun, '"ifiiliT ; lla/.ard, in two pai-cels $1,002. So nuich 
for the testimony ohtained Irom the town assessors' tax books. 

Mr. I'idward iJarher of S., assessor of taxes tor the town of Exeter, 
testilied as to the respective \alues, ;niil as to the situation of the two 
i'arms, and as to the assessment on the Kathhnn land, stating th:it the 
value on the tax hook of l!^;")r', «as unch'rstood hy him to he for the 
whole of the l\athhun laiyl, and also for all that part of the Ilaxard 
iiuin east ol' Parish IJrook, so ('ailed ; and that the valne of the 
Kathhnn farm, accordin^f to their mode of computing, was about $d00. 

The conunissioner, theridoic, cannot doubt that the aforenamed 
sum of ii^ltOO, taxed as the vahu> of the "• Rathbun land," th)es in- 
(hide the value of a part of the " llazartl farm," which lies without 
the boinids of this District No. 2, and which, in his opinion, ought 
not to have been taxed. 

As this is one of the cases specially provided for in section 4<), 
above referred to, in w Inch a town assessor ouiiiil to have been called 
in to api>ortion the \alue of the land thus situated in two adjoiniiii:; 
tlistricts, and as the tax was assessed by the trustees insti'ad of the 
assi'ssor, contrary to the requireujents of the statute, the commissioner 
is of opinion that the tax appealed I'rom was illei^ally assessed ; and 
the assessiiient is therefore hereby tleclared void. 



DECISIONS. 141 

Give at tlic office of commissioner of public scliools, in Providence, 
this 31st day of March, iHoT. 

IloHERT Ai.LYN, Comni'r of Piddle Schooh. 

Upon the statement of facts above named, I ap|)rove of the decis- 
ion of the commissionei". 

Samuel Ames, CJdef Justice Supreme Court. 
Providence, April 21, 1857. 



DECISION No. 30. 

CASE OF API'EAI, OK JOHN H. ^VII.I.ARD. 

School coiiiTiiittec cannot vacate the olHco of clerk but Ly lieai'iiig and for cause. 

Statement and decision of commissioner of pnbHc schools in case 
of a|)i)eal of J(jiui II. Willard, from a vote of the school committee 
of North Providence, declai'ino; the office of the clerk of tlieir board 
vacant, passed December 13, lb5(3. 

The facts in this case are as follows, namely : 

On the loth of December, 18o0, at the reo;nlar monthly meetiii(^ 
of the school committee of North Providence, a resolution was oifered, 
and ])assed in these words: " Whereas, the clerk j'efuses to comj)lete 
the recoi'd of July 11), 185(3, as voted at this meetino; of the schoi)! 
committee, Deceudjer 13, 185G, therefore, Resolved., That the office 
of the clerk be declared vacant." P. B. Stiness, Jr., was then elec- 
ted clerk to fill the vacancy thus created ; and John H. Willard, the 
a])j)ellant, who had been elected clerk of the committee at theii- first 
special meetino;, held .fune 11, 185(>, gave Jiotice of his intention to 
ap[)eal to the commissioner of public schools from the vote declaring 
his office vacant. 

The appeal was accordingly made December 15, 1850, and received 
by the connnissioner on the 17th ; and I)y notice given to the parties 
on the 17tli, the time of healing was fixed on December 20th, at two 
o'clock, V. M., at the connnissionei-'s office in Providence. 

On the trial the ))arties appeared, and were heard by testimony and 
argument before the commissioner. 

The points raised for consideration are two. 1. Has the school 
committee a right, after having made an election of a clerk, — an ofK- 
cer created by the school law and necessary to the organization and 



142 DECISIONS. 

lc'o;al action of the committee, — to remove that clerk, unless by chai'ges 
and trial, after notice, for misdemeanor before the expiration of the 
term of their oflice ? 

2. li' tliey have such right or power, were the reasons alleged 
suthcient to justify them in the summary exercise of that riglit ? 

If the tii'st question be decided in the negative, there is no occasion 
to examine the testimony upon the second. 

I am of oj)inion that tiie school law, (see sections 9 and 10,) makes 
the election of a chairman and clerk necessary to a K^gal oi'ganization 
of the connnittee, und the law nowhere gives to the committee any 
power whatever to remove its officers. This removal can therefore 
only be made for cause, and in the same manner as any other ofHcer 
elected for a specitied time could be removed. This must be by trial, 
and after notice. 

With this view, a decision of the late commissioner, Hon. E. R. 
Potter, accords. That was in regai'd to a district trustee, an officer 
of no more responsibility than a clerk of the school committee, and 
was to the effect that " an election once made could not be rescinded, 
and that he, the trustee, could only be renujved after notice and a 
liearing." 

My decision, therefore, is, that said vote, passed as it was with- 
out previous notice and opportunity given for hearing and trial, is 
void. 

By request of Mr. Willard, made on the hearing before me, this 
decision is now submitted to his honor. Chief Justice Ames, of the 
supreme court, for his opinion thereon. 

Given under ray hand, at the office of commissioner of public 
schools in Providence, this 31st of January, A. D, ISoT. 

Robert Allyn, Comnir of Public Schools, 



OPINION OF THE SUPREME COURT. 

Upon the amioxed statement of facts, understanding as I do from it 
that the school connnittee of North Providence declared the office of 
clerk of their board vacant without notice to the clerk of the charges 
against him, and without affording him an opportunity by proof and 
agreement to defend himself, 

I am of opinion, and decide, that said vote was void, and that John 
H. Willard is therefore legally clerk of said board. 



DECISIONS. 14u 

If Mr. Willanl Ix-iiio' present asked n,o delay, but proeeeded to 
dcl'end liiiiiscir, lie would l)i* deeuu.'d to lia\'e waived I'onual notice, 
and the \<)te would lie valid. 

As notliin<;' ol'tliis kind is stalrd in the annexed statement of facts, 
I presume tile contrarv to l)t; true, and this lenders it unnecessary lor 
me to examine into the second (picslion stati'(l by the commissioner. 

Samu1';i, yXmks, iJ.J. Siiprcjui' (JoiirL 

Pi'ovidence, January )!l, IS.")?. 



DECISION No. ;n. 

(!ASK oi'' .1. 11. wii-i-Ah'i), (;i-i:i;K, im'.mov!;!). 

A clciU ol' a Hcliool coiiimillii; iii;ty t)i^ n'liiuvi'd (Voin ollici; for caUMi:, ril'l('!r iiulico 

aiid liciiriii;jf. 

Stati'mcnt and decision in casi; of tli(! appeal of .lohn II. Willard 
IVom a vote of the school connnittee of North rrovidence-, hy which 
they declared his ollice, ;is clerk of said connniltee, vacant. 

This appeal was iceeived at the ollice of the connnissioiier of pidtlic, 
schools on the 27th oC March, 1)S."j7. It is direc-ted to the commis- 
sionei-, and sets lorth the fiict, that, on the 21st day ol Mar<di, iHfjT, 
the school couunittec! ol Noi'th Providence did, by i'es('lntion, declare; 
vacant tin; ollice of clerk of their hr);ii'd, at that, time lield hy tlu; 
appcdiant, John II. Willard, lor the i-easons set forth in the said reso- 
lution ; that said Willard had refused to present a certain ])a|»er to 
the hoard when demanded hv vote; ol the connnittee ; that he r<-lnsed 
or failed to make cei'tain corrections oi- additions to the records of 
said coinmittcre, wdien ordered hy their vote ; that he had used im- 
jjropei" lan^na/j;o to the memhers of said committee at their meetings, 
and for other matters aliened. The appeal alleges that these charges 
arc false and malicious, and also claims that the committee have no 
legal authority to remove a clerk. 

The hearing was appointi;d for April 13th, at wdiitdi time the 
parties appeared at \\\v, odice of the commissioma- of ])uhlic scIhjoIs, 
and a full heai-ing of tlu; case was had. 

Mr. Willard a|»peared in Ixdialf of his appeal, and Mr. Stiness lor 
the scliool committee. Much testimony was introdiu-ed, and much 
of it was condicting. These are the facts, as they aj)pear to the 
commissioner to have hetju proved in the; case. 



144 



DECISIONS. 



Sometime in July, 1856, a paper was sent from the commissioner 
of public schools to the school committee of North Providence, through 
their clerk, Mr. Wilhvnl, with a request that he would commvinicate 
it to the board. AVhen the board met this paper was called i\)\\ and 
Mr. Willard did not produce it. A vote was passed demanding it ; 
still it was not produced, and the committee adjourned without it. 
At a subsequent meeting it was given to the committee. Mr. Willard 
attempted on the tiial to show that he might choose his own time to 
produce it, and that his refusal was only a qualified one. Oi; this 
point the commissioner is clearly of opinion that the clerk of a board 
like a school committee, has no discretion whatever in such cases. 
The records and pai)ers are not his private property, but belong to 
the committee, and he only has charge of them, and holds them 
entirely subject to their order. It was said that the paper in question 
was one that would prevent some action of the committee, and 
would in some i"es[)ects damage the reputation of the commissioner. 
But the clerk of a school committee is not the judge of the duties 
and business of the commirtee, nor the custodian of the commissioner's 
reputatictn. If the committee demanded a ])aper belonging to them, 
and insisted on that demand, it was the clerk's duty to present it, no 
matter what business might be prevented or cut off by it, and no 
matter wdiose reputation migiit be hurt. 

The next matter in the re^solution from whicdi the appeal was taken, 
related to the refusal of the clerk to amend the records of the meet- 
ing at which the above-named paper was demanded. It a])pears by 
the clerk's records, that at the next meeting the record of the meet- 
ing above-named was not approved, on account of its imperfection. 
A motion to amend, by inserting the words " which was refused," 
and which would have made the records accord with the truth, was 
laid on the table, in the hope that after consideration the clerk would 
make the proper amendment. In December, however, the amend- 
ment not having been made, a vote was passed to amend as above 
stated, and the clerk refused to amend. He contends that his'refusal 
was only conditional, — he being willing to add after the words " that 
the clerk be directed to produce the dc-cisit)n of the commissioner," 
these other words, " which was refused," provided he could spread 
his reasons for refusing on the records of the committee. No vote 
was taken by the committee to j)revent this j utting his reasons on 
record ; and the clerk appears never to have made any such proposal 
to the committee, except in the intervals of a very angry and excited 
personal controversy with the chairman and others Neither did he 
ask the privilege of writing out his reasons, and placing them on tile 



DECISIONS. 145 

with the decision of the commissioner, wliich had never been recorded. 
The books of tlie committee show tliat the required correction has 
never been made ; and as the committee, and not the clerk, are 
responsible for the accuracy of these records after their approval by 
themselves, and especially after they by vote direct them to be 
amended, the commissioner must consider it a fact proved, that the 
clerk did refuse to amend the records, according to the facts, as he 
was required to do by vote of the school committee. 

As to the matter of improper language used by the clerk to the 
committee, the commissioner will dismiss it entirely, simply remark- 
ing, that the testimony goes to show that Mr. Willard is only one of 
those who may have used words unbecoming the dignity of those who 
have the guardianship of our public schools. Undoubtedly, in the 
angry controversies of the year, all were provoked ; and the one who 
best governed his temper and controlled his tongue, certainly has 
more to feel proud of, than he who excelled in the harshness and 
coarseness of the epithets applied to his fellows. 

The resolution appealed from contained other allegations, which it 
is not necessary to consider, since the first two above recited are 
sufficient, and are in fact all that is really essential to the case. 

Mr. Willard contended that the charges above were malicious. 
But as the facts do clearly show that he did fail to produce the de- 
cision, and did also fail to amend the records as directed, it would 
seem that there could be no malice on the part of the committee. 
Indeed, it was clearly established that the resolutions making the 
vacancy were passed by a vote of six to two, — Mr. Willard himself 
voting with the minority. The only indication of ill-will is found in 
the fact, that the committee allowed so much time to elapse, — from 
July to March — before taking energetic measures to maintain their own 
rights in the matter. But this is accounted for by the fact, that they 
were hoping lor a peaceable arrangement until December, when they 
passed a vote similar to the resolution under consideration, from 
wliich an appeal was taken, and Mr. Willard was reinstated because 
of a deficiency in proving the notice of the intention of the committee 
to pass the vote of removal from office. The commissioner could dis- 
cover no evidence whatever of malice on the part of the committee 
as a body. 

Mr. Willard also claimed that the resolutions were false, since he 
had only, as his argument stated, refused with a qualification to per- 
form what was required. But, whatever qualifications might have 
been made, or whatever favors were or were not asked by the clerk, 
they were not allowed by the committee ; and as the records are still 



146 DECISIONS. 

imperfect, it must be held tliat there was a refusal, in act at least, to 
perform a duty specially ])rescribed by vote of the committee, and that 
the committee have the right to seek other instruments to carry out 
their wishes. 

Mr. Willard further in his argument contends that no power is 
given in the' school laws to the. committee to remove a clerk, and that 
such an officer can be removed only by impeachment ; but s:ction 
sixty-five of the law, to which reference is made, speaks of penalties 
for the non-performance or mal-performance of duties by school offi- 
cers, and does not mention removal from office. There is a wide 
difference between removal from office, and punishment inflicted for 
wilful crime in office. As removal is not mentioned in the law, this 
must, when deemed necessary, be done in accordance with common 
law. A decision was made by the late commissioner, Hon. E. R. 
Potter, in relation to the removal of trustees, in which he says, " they 
can only be removed after notice and trial for cause ;" and this implies 
that these and other school officers can be removed, by the bodies 
appointing them, after such notice and trial, for cause. An opinion 
given by Chief Justice Ames on January 31, 1857, is to the purport 
that a clerk of a school committee can be lawfully removed for good 
cause, after notice and trial. Another oj)inion, given by the same 
judge in case of Smith, asking a rehearing before the commissioner, 
implies that the evident design of the school law was t(> relieve the courts 
from litigation in the small matters that may concern the public 
schools, and to provide tribunals, cheap, accessible, and speedy, for 
the redress of wrong or injury in such cases. But if a school com- 
mittee must be compelled to go before a court of law for redress, in 
cases of every refractory clerk or other officer elected by them, for 
the sole pur[)ose of giving expression to, or of recording their doings, 
this very laudable object of the law will be entirely defeated. This 
seems entirely contrary to the whole spirit of the law, and is believed 
to be contrary to usage also. 

It is therefore held, that the committee have power to remove their 
clerk, after sufficient notice of their intention, and opportunity for 
trial and defence. That the appellant had such notice and made 
defence was fully proved. The appellant asks that the facts may be 
laid before Hon. Chief Justice Ames for his opinion thereon. 

It then only remains to consider whether the causes alleged for 
removal, as above recited, were true, and sufficient to warrant the 
action of the committee. And the commissioner decides that in his 
opinion they were fully proved to be true, as above stated, and that 
they were also sufficient to warrant the I'emoval. 



DECISIONS. 147 

The vote or resolution is therefore hereby affirmed, and it is declared, 
that the office ot" clerk of the school committee of North Providence, 
lately held by John H. Willard, is vacant. 

Given at the office of commissioner of public schools, in Provi- 
dence, April 18, 1857. 

Robert Allyn, C'omnt'r of Public Schools. 

Upon appeal of John H. Willard from vote of school committee of 
North Providence, removing him from the office of clerk of said 
committee. 

I fully concur in the above opinion of the commissioner as to the 
power of the school committee of a town to remove their clerk for 
just cause after hearing, full opportunity having been given to him 
upon charges presented to defend himself against them. Such a 
power, with regard to such an officer, unless expressly forbidden by 
law, is incidental to the committee as necessary to enable it duly to 
perform its functions. 

Upon the statement of facts above made, from the testimony by the 
commissioner, I fully concur with him that a just and legal cause for 
the removal of John H. Willard, as clerk of the school committee of 
North Providence, was shown by the committee for their action in 
the case of the appellant, and do therefore approve his decision on 
this appeal. 

Samuel Ames, Cldef Justice Supreme Court of R. 7., ^'c. 

Providence, April 18, 1857. 



DECISION No. 32. 

GENERAL INSTRUCTIONS. 

To School Committees and Superintendents of Towns, Trustees of 
Districts, and Teachers and Candidates for the office of Teacher. 

Representations have often been made to the commissioner of public 
schools, by many friends of public education and common schools in 
various parts of the state, that it is not uncommon for teachers to be 
employed by trustees to keep a school in the district of which thev 
are officers, and to commence schools in such districts without certifi- 
cates of qualifications from the examiners of the town. It has further 
been represented that the trustee of a district sometimes employs a 
teacher having a certificate from the school committee, the year of 



148 DECISIONS. 

which has not expired, or one who has a county or state certificate, 
and having employed such an one, authorizes him to begin school, 
and neglects to notify the visiting committee or superintendiMit of the 
town when the school is to begin ; thereby dej^riving them (unless 
accident gives such information) of the power to visit the school with- 
in two weeks of its beginning, as the law imperatively requires. 

Under this representation of facts wiiich are believed to be undis- 
puted and altogetiier too common, and which are understood to be 
too easily excused and overlooked by the proper autluH'ities, it becomes 
the duty of the connnissioner of public schools to call attention to the 
plain and positive requirements of the law in such cases. 

1st. A teacher without a certificate can in no case be legally l)aid 
for his services out of the pubHc money, no matter how well ([ualified 
he may be, nor how well he may have taught and governed his 
school ; — and every officer who draws an order, or uses the public 
money to pay him, is liable to indictment and fine. 

2d. No school is legally kept, uidess it be visited twick, at least, 
by the school committee, or by some person by them a})i)ointed, or by 
the superintendent of the town, — once within two weeks of its com- 
mencement, and once within two weeks of its close. And if the 
officer whose duty it is to visit fail of discharging that duty, he is 
Jiable to suit at law ; and if the trustee neglect his duty in the matter 
of ffivino; information as to the time of commeneinii or closino; the 
school, he is also lial)le at law. 

These things ought to engage the attention of all friends of public 
schools. They are more than mere forms. They involve the whole 
system of supervising our schools, and of course connect themselves 
with all the details and practical operations of public education. And 
th« law, in these essentially vital points, should be scru))ulously com- 
plied with. 

Teachers, therefore, should refuse to begin a school until they have 
a certificate of qualifications, and the town committee or superintend- 
ent has been notified of the time of commoicino-. 

Trustees, also, should insist that the teacher shall be examined 
immediately aft(>r his emjiloyment, and always before he entei's the 
school-room for the pnrjiose of teaching ; and they should be very 
punctilious about giving notice to the committee or superintendent, of 
the time of beginning and closing the schools. 

And school committees, examiners, visitors, and supei"intcndents 
should stand on the extreme limit (jf the law, insisting that they will 
give no orders in fiavor of a teacher, trustee, or district, where there 



DECISIONS. 149 

has been a neglect, in any way, or on any account, to comply with 
these siinple and just, as well as prudent and wholesome, requirements 
of the law. 

Robert Allyn, Comni'r of Puh. ScliooU. 



DECISION No. 83. 

CASE OF W. S. HOLT, SCHOOL DISTRICT, NUMBER ELEVEN, EXETER. 

A tax approved by the School Committee if subsequently increased, must be again 
approved. A trustee not authorized to insure a School- House, without authority 
from the District. 

The facts appear to be the following : District No. 11 in the town 
of Exeter, voted to raise a tax of one hundred and fifty dollars for 
the purpose of repairing their school-house. This meeting was held 
Oct. 9, 1858. The trustee and clerk were appointed to make the 
repairs. These repairs were accordingly made, and the house insured, 
without any vote of the district authorizing it. 

At a meeting of the district held Nov. 6, 1858, it was voted to 
receive the house and assess a tax of one hundred and eighty-six dol- 
lars, and some cents. From this vote, Mr. Holt appealed to the 
commissioner. Having appointed a hearing at the school-house of 
said district, Dec. 22, 1858, Mr. Holt made the following points 
of objection. That the original vote limited the tax to oyie hundred 
and fifty dollars ; that the notice of the second meeting was illegal, 
inasmuch as it did not state that a sum greater than one hundred and 
fifty dollars was to be raised ; that only the sum of one hundred and 
fifty dollai's had been ai)proved by the school committee ; that the 
expenses had been increased by ceihng the walls of the school-house 
below the windows, when the district hiid voted not to ceil them ; 
that the e.\])enses had been increased by the amount paid for the in- 
surance ; that all the bills were not presented when the vote to 
assess a tax was passed; and that the repairs had cost too much. 

Only three of these points of objection can be sustained. The 
" notice " of the second meeting, the approval of the school com- 
mittee, and the insurance. The "notice " and "insurance " may be 
reduced to one. The power to insure a school-house is by Sec. 3, 
Chap. 61, School Law, vested in the district and not in the trustee. 
Yet, if the "notice" had specified insurance as one of the ol)jects 
of the meeting, a vote of the district, sanctioning tiie trustee, would 
have been legal. 



150 DECISIONS. 

It is my opinion and decision that this tax is not legal, — because 
the whole tax lias not been approved by the school-cominittee, and 
the notice not sufficient to authorize the district to sanction the act of 
the trustee in procuring insurance on the house. 

John Kingsbuky, Conim'r of Public Schools. 



DECISION No. 34. 

CASE OF SCHOOL DISTRICT NUMBER ONE, BARRINGTON. 

A School-House may te occupied for a Signing School, when such occupation does 
not interfere with the ordinary school. 

The following appear to be the facts in the case. Mr. Christopher 
Roffee is occupying the school-house of district No. 1, in the town of 
Barrington, by permission of the trustees of said district, as appears 
by the accompanying certificate of one of the trustees for the purpose 
of giving Instruction in vocal music. 

At a legally notified meeting of the tax paying voters of said dis- 
trict, held Feb. 3d, 1860, the following vote, as certified to by the 
clerk of said district, was negatived " that the district school-house 
shall be used for no other purpose than public school and district pur- 
pose." 

From what purports to be said vote, John W. Barnes appealed, 
with a request that a statement of the facts in the case might be laid 
before one of the Justices of the Supreme Court for decision. 

After due consideration, I am compelled to dismiss the appeal of 
said Barnes, without further iiearino; and for the followino- reasons : 

Because, the vote as quoted in your appeal is not the vote negatived 
at said meeting, as certified to by the district clerk. Because, the 
vote, certified to as negatived at said meeting is inoperative ; inasmuch 
as the school law has already been interpreted to allow a district 
school-house to be used for purposes not necessarily '* district," viz. : 
for lyceums, debating societies, lectures and other matters connected 
with education. (See Decision No. 10, under School Laws.) 

The question at issue is manifestly without the jurisdiction of the 
district, and has already been decided upon by the j)r()per tribunal, 
viz. : by the commissioner of public schools, approved by the Chief 
Justice of the Supreme Court. 

With regard to the instance cited in said appeal, as a violation of 



DECISIONS. 151 

such decision, I am of opinion tliat the use of said house for such 
instruction is perfectly legitimate " to purposes connected witli public 
instruction." 

Instruction in vocal music, is a part of our system of public educa- 
tion, and is so recognized and paid for by the city of Providence, out 
of the " teachers* money," and is recognized and employed as an 
important element of education in nearly all the rural districts of our 
commonwealth. Many of our school committees insist upon its in- 
troduction into the public schools, and nearly all the school re[)orts 
which reach the office, are emphatic in its recommendation. And cer- 
taiidy if the younger children may be instructed in vocal music in 
the public school-house, and this too during school hours, there can 
be no legal objection why their older brothers and sisters and friends 
may not receive such instruction at the same place, out of school 
hours. 

Nor is the fact that the teacher receives pecuniary compensation 
from his pupils, pertinent to the question ; for to allow it to be so, 
would be to question the legal use of school-houses for public schools, 
many of the sessions of which are prolonged by private subscriptions, 
and are of course kept in the same sense in whicli the one is kept to 
which reference is made, by •' private" individuals. 

The manner in which any teacher is paid, or whether his services 
are gratuitous, does not affect the question in point. Moreover, such 
a legitimate use of the school-house would not require "the general 
consent of the tax-paying voters," said " private individual " having 
permission for occupancy from the trustees of said district, in whom 
the law places the custody of the school-house. (See chapter 65, 
section 1, revised statutes.) 

J. B. Chapin, CommW of Public Schools, 
Providence, Feb. 14, 1860. 



INDEX. 



c. stands for chapter, s. for section of tlio school law, and p. for page. 



Abatement of Taxos, how made, c. 64, 

8. 6, p. xvi. 
Accounts of school committee, how kept, 
p. 14. 
of teacher's money to bo kept by 

town treasurer, e. 00, s. 6, p. x. 
of trustees with districts, p. 18. 
Affikmation. See Oath and Eiiyaycincnt. 
Admission to schools, age of, should be 
uniform in all districts, p. 14 ; also, 
c. 71, s. 1, p. xxvi. 
of scholars over 15, ihid. 
Age of scholars, record of, to bo kept by 

teacher, c. 67. s. r5, p. xxi. 
Altekation of districts. See Dintrict.i. 
Annulment of teacher's certificate, c. 66, 
s. 7, p. xix. 
remarks upon, p. 11. 
made by vote of school com. p. 11. 
decisions concerning, p. 82-87, p. 

100-113. 
power of, cannot be delegated, p. 82. 
Aitauatus may be provided by districts, 

c. 61, 8. '•'>, p. xi. 
Appeal to the commissioner, in what 
cases, c. 68, s. 1, p. xx. 
if legal votes arc rejected, p. 99-104. 
if illegal votes are counted, p. 100- 

104. 
to be decided without costs, c. 68, s. 

1, p. XX. 

rules of, may be fixed by commis- 
sioner, c. 68, s. 2, p. XX. 

to court of common pleas from ap- 
praisal of school-house lot, c. 66, 
s. 6, p. xviii. 

persons may agree to submit to the 
commissioner, c. 68, s. 4, p. xx. 



Appeal, commr's decision on, to be laid 
before a judge, c. 68, s. 2, p. xx. 
if not taken, vote final, c. 68, s. 5, 

p. XX. 

remarks concerning, p. 27. 
Appoutionment of district property, c. 

63, s. 13-14, J}, xvi. 

of taxes in joint districts, c. 64, s. 8, 

p. xvi. 
of state and town money. Hcc Money. 
how forfeited by towns, c. <59, s. 5, 

p. ix. 
Appropriation for public schools, whence 

derived, c. 59, s. 1, p. viii. 
how apportioned to towns by com- 
missioner, c. 59, s. 2, p. viii. 
how to be expended, c. 59, s. 3, p. viii. 
conditions on which received by 

towns, c. 59, s. 4, p. viii, 
when forfeited, c. 59, s. 5, p. ix. 
commissioner to draw orders for, c. 

59, s. 6, p. ix. 
deaf, blind and idiotic. See T/ie lie- 

vised iSt.aluies. 
for normal school, c. 69, p. xxiv. 
by towns for their own schools, p. 1. 
remarks concerning, p. 15. 
Assessment of real and personal property 

must be made separately, p. 40. 
on property lying partly out and 

partly in the district, how made, 

c. 64, s. 2, p. XV ; also, p. 39. See 

Trustees and Rate Bills. 
Assessors of town taxes, five cases when 

they shall assess district taxes, c. 

64, s. 2, p. XV. 

in joint districts, c. 64, s. 8, p. xvi. 
See Tax. 



154 



INDEX. 



Assistant teachers, must be examined, c. 

67, s. 1, p. xxi. 
Associations for libraries, form of consti- 
tution for, p. 28. 
Attendance of scholars in schools, reg- 
ister of, kept by teacher, c. 67, s. 5, 
p. xxi. 
made the basis of division of money, 

0. 66, s. 14, p. xix. 
average of, how calculated, p. 23. 
of scholars in adjacent districts in 
other towns, c. 66, s. 24, p. xx. 
Attorney, districts must execute deeds, 
by, p. 47. 
form of vote to appoint, ibid. See 
Foivcr of Attorney. 

Bible in schools, remarks on use of, p. 24, 

and 70-71. 
Bills, rates of tuition, c. 64, s. 9, p. xvi. 

See lidtc-hills. 
Blackboakds, may be furnished by tax, 

c. 61, s. 3, p. xi. 
Blanks, form of, for school committee 
report, p. 62. 
form of, for trustee's report, p. .53-57. 
teacher to fill, c. 67, s. 5, p. xxi. 
how distributed, c. 60, s. 9, p. x. 
imjtortance of, p. 15. 
Blind, provisions for educating. Revised 

Statutes. 
Bond, collector and treasurer of a district 
not to give, unless required, c. 61, 
s. 6, p. xi. 
form of collector's, p. 43. 
" treasurer's, p. 42. 
Books, commissioner may recommend, c. 
58, s. 3, p. viii. 
school committee to regulate, c. 66, 

s. 10, p. xix. 
to be provided bj' trustees for poor 

scholars, c. 67, s. 3, p. xvii. 
sectarian, to be excluded, p. 24. 
forms of returns of, p. 57. 
Boundaries. See Bistriets.. 
Buildings, plans for school-houses to be 
approved, c. 63, s. 7, p. xvi. 
form of contracts for, p. 37. 
contract for, not legal till lot is fixed, 
p. 99. 
BuRRiLLviLLE, casc of district 
No. 7, p. 80. 
No. 7, p. 88. 
No. 12, p. 94. 
No. 7, p. 132. 

Case of district No. 5, Cumberland, p. 79. 
No. 7, Burrillville, p. 80. 
No. 3, N. Providence, p. 81. 
No. 3, N. Providence, p. 82. 
No. 3, N. Providence, p. 86. 
No. 7, Burrillville, p. 88. 
No. 3, N. Providence, p. 89. 
No. 3, N. Providence, p. 91. 
No. 12, Burrillville, p. 94. 
No. 10, N. Kingstown, p. 96. 



Case of school committee of North 
Kingstown, j). 97. 
district No. 5, Little Compton, p. 99. 
No. 3, N. Providence, p. 99. 
No. 3, N. Providence, p. 102. 
Layton E. Seamans, p. 104. 
Emor Smith, p. 106. 
Emor Smith, p. 109. 
Johnson & Card, p. 115. " 
district No. 3, N. Providence, p. 116. 
J. H. AVillard, p. 117. 
E. S. Wilkinson, p. 122. • 
district No. 8, AV. Greenwich, p. 124. 
No. 3, W. Greenwich, p. 128. 
No. 3, W. Greenwich, p. 128. 
No. 7, Burrillville, p. 132. 
P. B. Stiness, Jr., p. 134. 
district No. 7, Warwick, p. 137. 
J. Crandall, p. 139. 
J. H. Willard, p. 141. 
J. H. Willard, p. 143. 
Casting Vote, of moderator of a district 

meeting, p. 115. 
Certificate of election to district office, 
p. 31. 
of engagement. See Oatli. 
of teacher's qualification, c. 67, s. 1, 
p. xxi. 
of teacher's qualifications, 

how long valid, c. 67, s. 2, p. xxi. 
may be limited, p. 89. 
by whom annulled, c. 66, s. 7, p. xix. 
necessary in order to draw monej', 

p. 115. 
mode of examining for, pp. 7-11. 
form of, p. 32. 

of annulling, p. 32. 
Chairman of school committee to be en- 
gaged, c. 71, s. 2, p. xxvii, 
may engage other officers, ib. 
. may be removed, c. 66, s. 1, p. xviii. 
may sign official papers, c. 66, s. 1, 

p. xviii. 
form of engagement, p. 31. 
Children, absent and truant from school, 

c. 70, p. XXV. 
Clerk of a town. See Totvn Clerk. 

of school committee to be engaged, c. 
71, s. 2, p. xxvii. 
may engage officers, c. 71, s. 2, 

p. x.Kvii. 
may be removed, c. 66, s. 1, p. 

xviii. 
form of engagement, p. 31. 
how long hold office, c. 71, s. 6, 
p. xxvii, also p. 137. 
of a school district, must be an elector, 
Con. 
may engage other officers, c. 71, 

s. 2, p. xxvii. 
to be engaged, c. 71, s. 2, p. xxvii. 
record names of voters, c. 62, s. 

9, p. xiii. 
to procure book for record, p. 22. 
evidence of engagement, c. 71, s. 
3, p. xxvii. 



INDEX. 



155 



Clerk to deliver papers, c. 71, s. 7, p. 
p. xxvii. 
duties and powers of, c. Gl, s. 6, 

xi. 
how long to hold office, c. 71, s. 

6, p. xxvii. 
to record all motions, p. 22. 
to read record.s in open meeting, 
p. 22. 
See liccorch and Tax. 
Collection of district taxes and rate bills 
may be put into the hands of town 
collector, c. 61, s. 8, p. xi. 
of district taxes, by whom made, c. 61, 
s. 7, p. xi. 
Collector of district, how appointed, c. 
61, s. 5, p. xi. 
must be engaged, c. 71, s. 2, p. xxvii. 
Collector, 

need not give bonds, c. 61, s. 5, p. xi. 
has some powers as town collector, c. 

61, s. 7, p. X. • 

to receive warrant from trustees, p 23. 
how long holds office, c. 71, s. 6, p. 

xxvii. 
form of engagement, p. 31. 

" warrant to collect, p. 44. 

See Tax. 
Commissioner of public schools, 
how appointed, c. 58, s. 1, p. v. 
to recommend books, c. o8, s. 3, p. 

viii. 
powers and duties, c. 58, s. 1, p. vii. 
to be engaged, c. 71, s. 2, p. xxvii. 
to hear and decide appeals, c. 68, s. 

14, p. xxii. 
may make rules to regulate appeals, 

c. 68, s. 3, p. xxii. 
may lay statement before judge, c. 

68, s. 2, p. xxii. 
to apportion money to towns in May, 

c. 69, s. 2, p. viii. 
to draw orders for money in favor of 

towns, c. 59, s. 2, p. viii. 
to visit schools and diffuse informa- 
tion, c. 58, s. 2, p. vii. 
to prepare registers, c. 58, s. 4, p. viii. 
to secure uniformity of text-books, c. 

58, s. 3, p. viii. 
to deliver addresses, c. 58, s. 2, p. viii. 
to make report to general assembly, 

c. 58, s. 5, p. viii. 
may approve plans of school-houses, 

c. 61, s. 3, p. xi. 
may remit forfeitures, etc., c. 68, s. 

14, p. xxiii. 
may abate taxes in cases, c. 64, s. 6, 

p. xvi. 
may correct errors_in taxes, c. G4, s. 

5, p. xvi. 
may order tax in cases, c. 64, s. 4, p. 

XV. 

Committee. See School Committee. 
Compensation, school committee not to 
receive, c. 60, s. 4. p. x. 
of superintendint of town schools, c. 
60, s. 6, p. X. 



Conscience, freedom of, secured. Con. art. 

1, s. 3, p. iii. 
Consolidated Districts, powers of, c. 63, 

s. 5-8, p. xiv. 
Contract, of district, may be enforced by 

commissioner, c. 64, s. 4, p. xv. 
not legal when, p. 99. 
form of, with teacher, p. 32. 
for building, p. 37. 
Corporations, schools districts to be, c. 

61. s. 1, p. X. 
Costs, appeals to be decided without, c. 

68, s. 1-6, p. XX. 
Council. See Toioi Cowicil. 
Coventry, case of district No. 5, p. 104. 
Cumberland, case of district No. 5, p. 79. 

Deaf and Dumb. See Bevised Statutes. 
Deed, form of power to execute, p. 49. 
to di.strict, form of, p. 47. 
from tax collector, p. 44. 
from district, p. 49. 
Deposit Fund. See I'und. 
Dismissal of a teacher, c. 67, s. 4, p. xxi. 

case of, p. 104. 
DisauALiFicATioNS for office. Con. art. 1, 

s. 3, p. iii. 
District Cleric. See Clcrh. 

" Collector. See Collector. 
" Trustees. See Trustees. 
" Treasurer. See Trcasmer. 
" Taxes. See Tax. 
Districts, made corporations, c. 61, s. 1, 
p. X. 
powers of, c. 61, s. 2-4, p. xi. 
how organized, c. 62, s. 1, p. xii. 
boundaries, how fixed, c. 66, s. 3, p. 
xviii. 

remarks concerning, p. 18. 
when altered, how property to be 
apportioned, c. 63, ss. 13, 14, 
p. xiv. 
comfirmed as now existing, c 60, 
s. 2, p. ix. 
no new ones formed with less than 

forty scholars, c. 66, s. 3, p. xviii. 
annual meeting of, c. 62, s. 2, p. xii. 
officers of, c, 61, s. 5, p. xi. 
District meetings, 

when school committee to call, 

c. 62, s. 1, p. xii. 
when citizens may demand, c. 

62, s. 3, p. xii. 
where held, c. 62, s. 4, p. xii. 
time of notice, c. 62, s. 4, p. xiL 
mode of notice, c. 62, s. 5, p. xii. 
form of vote prescribing mode of 

notice, p. 33. 
qualification of voters in, c. 62, 

s. 8, p. xii. 
clerk of, engaged, c. 71, s. 2, p. 

xxvii. 
quorum of, p. 20. 
officers must be electors. Con. 
may require bond, of whom, c. 61, s. 

6, p. xi. 
may insure school-house against fire, 
g, 61, i. 3, p. xi. 



156 



INDEX, 



District, principles to govern laying of, 
p. 33. 
remarks on, p. 5. 
property of, p. 41. 

may commit whole care of schools to 
school committee, c. 61, s. 10, p. xi. 
may fix rate hills, c. 64, s. 9, p. xvi. 
may raise money hy tax to support 

school, c. 61, s. 4, p. xi. 
may tax for huilding school-houses, c. 
61, s. 3, p. xi. 
for maps, etc., ib. 
for lihrary, ih. 
must make returns to school commit- 
tee, c. 65, s. 5, p. xvii. 
may adopt a seal, p. 51. 
when can rescind a vote, p. 20. 
how money is apportioned to, c. 66, 

ss. 14-16, p. xix. 
writs against, how served, c. 68, s. 11, 

p. xxiii. 
inhahitants of, may be witnesses, c. 

68, .s. 12, p. xxiii. 
inhabitants of, may answer suitls, c. 

68, s. 7, p. xxiii. 
may take land for school-house, c. 66, 

s. 5, p. xviii. 
may establish grammar-schools, chs. 

63 and 64, p. xiv-xvi. 
neglecting to establish a school, com- 
mittee ma J', c. 61, s. 9, p. xi. 
may form joint districts, c. 63, s. 1, 
p. xiii. 
Joint Districts. 

how formed, c. 63, s. 8, p. xvi. 
in different towns, c. 63, s. 8, p. xvi. 
form of vote to unite, p. 51. 
powers of, c. 63, s- 2, 10, p. xiii. 
meetings of, c 63, s. 3, p. xiii ; also 

s. 9, p. xiv. 
public money for, how apportioned, 

c. 63, s. 6, p. xiv. 
committee of which town to super- 
vise, c. 63, s. 10, p. xiv. 
taxes in, how collected, c. 61, s. 7, 

p. xi. 
taxes in, how assessed, c. 64, s 7, 8, 

p. xvi. 
how altered, c. 66, s. 3, p. xviii. 
when divided, how property appor- 
tioned, c. 63, ■s. 13, p. xiv. 
Donations for educations, Con. 
Dumb, provision for. licvised Statutes. 

Education, constitutional provision for, 

Con. art. 12, 
Election of school committee, c. 60, s. 4, 
p. ix. 
of district officers, c. 61, s. 1, p. xi. 
once made cannot be rescinded, p. 99. 
to fill vacancymust be notified, p. 127. 
Engagement of school officers, c. 71, s. 5, 
p. xxvii. 
penalty for not taking, c. 71, s. 4, p. 
xxvii. 



Engagement officers holding over not 
take a new, c. 71, s. 5, p. xxvii. 
record of, c. 71, s. 3, p. xxvii. 
Errors in assessments, how corrected, c. 

63, s. 0, p. xvi. 
Evening Prayer, forms for, p. 71. 
Examination of teachers, made by com- 
mittee, c. 66, s. 7, p. xix. 
mode of conducting, pp. 7-11. See 
Crrtijicatc and Teacher. 
Exemption of poor from rate bills, c. 71, 
s. 1, p. xxvii. 
of district property from taxation. 

Jlevised Statutes. 
from execution, c. 68, s. 8, p. xxii. 
of property from distress, p. 39. 

Factori es, children employed in. Revised 

Statutes. 
Fines. See Penalties. 
Fires for schools not to be made by schol- 
ars, p. 97 
Forfeitures.* See Fenalties. 

of a town's share of state money, c. 

59, s. 6, p. ix. 
commissioner may remit, c. 68, s. 14, 

p. xxiii. 
of district's money, c. 66, s. 21, p. xx. 
of towns not to be remitted, c. 68, s. 
14, p. xxiii. 
Form of warrant of election of school offi- 
cers, p. 31. 
of oath or engagement, p. 31. 
teacher's certificate, p, 32. 
annulment of do., p. 32, 
conti-act with teacher, p, 32. 
notice of first district meeting, p. 33. 
notice of annual or special meeting, 

p. 34. 
application to trustees for district 

meeting, p. 34. 
beginning records, p. 34. 
vote to appoint offices, p. 35. 
fixing mode of notice, ib. 
to devolve care of school on 

committee, p. 36. 
to build school house, p. 36. 
to lay tax, p. 39. 
to appoint attorney, p. 48. 
to organize joint district, p. 51. 
of tax bill, p. 42, 

contract to build, p. 37. 
treasurer's bond, p. 42. 
collector's bond, p. 43. 
warrant to collect tax, p. 44. 
collector's deed, p. 44. 
rate bill for tuition, p, 45. 
lease to district, p. 46. 
deed to district, p. 47. 

from district, p. 49. 
order for money, p. 49. 
notice of appeal, p. 59. 
committee's returns, p. 52. 
trustees' returns, p. 53. 
school regulations, pp. 58-68. 



INDEX. 



157 



Form of prayers for schools, p. 71. 

constitution for libraries, p. 28. 
town treasurer's certiticate to ob- 
tain money, p. 3. 
rules for town sup'ts, p. 74. 
Fkeedom, religious, secured. Con. 

political, ih. 
Fuel, how provided, c. 64, s. 9, p. xvi. 

must be by tax, ib. 
Fund Permanent, Con. art. 12, p. iv., 
c. 13, 3. 1, p. V. 
general treasurer to have care of, 

c. 13, s. 1. p. V. 
how to bo increased, c. 13, s. 2, 3, 

p. V. 
how to be invested, c. 13, s. 4, p. v. 
how to be applied, c. 13, s. 5, p. v. 
Deposit Fund. 

commissioners of, c. 14, s. 1, p. v. 
may be loaned to towns, c. 14, s. 3, 

p. vi. 
income, how applied, c. 14, s. 5, p vi. 

General Treasurer, See Treasurer. 
Governor, to appoint commissioner, c. 

58, s. 1, p. vii. 
Gradation of schools permitted, p. 16. 
districts may grade schools, c. 63, p. 

xiii. 
committee cannot compel, p. 16. 
Grammar Schools, adjacent districts may 
establish, c. 63, s. 1. p. xiii. 

rate bills for, c. 64, s. 10, p. xvi. 

Incorporations for libraries, p. 28. 
Inhabitants of districts may answer suits, 
c. 68, s. 6, p. xxii. 
may be witnesses, c. 68, s. 12, p. xxiii. 
Instruction, moral, teacher's duty, c. 67, 
s. 6, p. xxi. 
moral, remarks on, p. 7. 
Insurance on school house, c. 61, s. 3, 
p. xi. 

Joint Districts. See District. 
Justice of Peace may engage officers, c 
71, s. 2, Yt. XXV. 

Kingstown, N. and S., regulations for 

schools of, p. 58-68. 
Knowledge, difi'usion of, Con. p. iii. 

Lease of lot to district, p. 47. 

Legal proceedings, c. 68. 

Liberty, political and religious secured. 

Con: p. iii. 
Location of school-house to be made by 
committee, c 66, s. 4, p. xv. 
remarks on, p. 6. 
Lord's Prayer, remarks, p. 70. 
Lot for school-house, how title acquired, 
c. 66, s. 5, p. xviii. 
should be acquired before building, 
p. 102. 

Maps may be provided by districts, c. 61, 
s. 3, p. xi. 



Meetings of school committee. See 
School Committee. 

of districts. See Districts. 

for religious worship in school-houses, 
p. xxi. See Notice. 

quorum of, p. 20. 

of trustees, must be notified, p. 124. 
Misconduct, scholars expelled for, c 66, 

s. 11, p. xix. 
Moderator of a district meeting, c. 62, s. 
7, p. xii. 

may vote as others, p. 115. 

when casting vote, p. 115. 
Money from general trea-sury, how ap- 
portioned to towns, c 59,«s. 2, p viii. 

from general treasury, how appor- 
tioned to districts, c. 66, s. 14, p. 
xix. 

from town treasury, how apportioned 
to districts, c. 66, s. 15, p. xix. 

from registrjr taxes, c. 66, s. 16, p. xix. 

to whose order payable, c. 66, s. 19, 

p. XX. 

remaining over may be divided, c. 66, 
s. 21, p. XX. 

reserved for printing committee's re- 
port, c. 66, s. 23, p. XX. 

teachers', what and how applied, c. 
59, s. 3, p. viii. 

when forfeited by district, c. 66, s. 21, 

p. XX. 

■when forfeited by town, c. 59, s. 6, 
p. ix. 
Morning Prayer, form of, p. 72. 
Moral Instruction, c. 67, s. 6, p. xxi. ' 
remarks, pp. 69-70. 

New Testament. See Bille. 
Normal School, c. 69, s. 1, p. xxiv. 
Notary Public may engage school offi- 
cers, c. 71. s. 2, p. xxvii. 
Notice of special meetings of school com- 
mittee, p. 4, p. 80. 
of special meetings of districts, c. 62, 

s. 5, p. xii. 
of district to organize, c. 62, s. 1, 

p. xii. 
mode of, how prescribed, c. 62, s. 6, 

p. xii. 
what mode when school committee 

call, c. 62, s. 6, p. xii. 
evidence of, c. 68, s. 13, p. xxiii ; also, 

p. 88. 
time of, c. 62, s. 6, p. xii. 
of town assessors in case of district 
taxes, c. 64, s. 3, p. xv. 

Oath of officers, c 71, s. 2, p. xxvii. 

penalty for not taking, c. 71, s. 4, 
p. xxvii. 
See Engagement. 
Officers to be engaged, c. 71, s. 2, p. 
xxvii. 
who may be elected. Con. 
to hold till others are appointed, c. 
71, 8. 6, p. xxvii. 



158 



INDEX. 



Officfrs term expires when others are 

appointed, p. 126. 
Orders for teachers' wages, c. 66, s. 18, 

p. XX. 

for teachers' wages, by wliom signed, 

c 66, sects. 1, 18, p. xviii and xx. 
may be given to teachers, c. 66, s. 18, 

p. XX. 
cannot be given to teachers without i 

certificate, p. 115. ' 

not to be given till services are per- j 

formed, c. 66, s. 20, p. xx. 
on general treasurer, how procured, 

p. 3, form of, p. 49. 
Organization of school committee, c. 66, 

s. 1, p. xviii. 
of districts, c. 62, s. 1, p. xii ; also, c. 

63, s. y, p. xiv. 

Penalties, for disturbing school, p. 27. 
for nuisance near school-house, c. 71, 

s. 10, p. xxvii. 
for misappropriating money, c 71, s. 6, 

p. xxvii. 
for not delivering copies, c. 71, s. 6, 

p. xxvii. 
for not taking oath, c. 71, s. 4, p. xxvii. 
how enforced, p. 27. 
commissioner may remit, c. 69, s. 14, 
p. xxiii. 
Penalties for private schools refusing to 
admit school com. c. 71, s. 9, p. xxvii. 
Plans of school-houses to be approved, c. 

61, s. 3, J), xi. 
Poor persons, tax of, abated, c. 71, s. 1, 
p. xxvii. 
persons exempted from rate bills, ib. 
scholars not to be excluded from 
school, ih. 
may be supplied with books at 
expense of district, c. 65, s. 8, 
p. xvii. 
Portsmouth, regulations for schools of, 

p. 67. 
Power of Attorney, p. 48. 
Prayer in schools, p. 69. 
Process against districts, how served, c. 

68, s. 11, p. xxiii. 
Providence, schools of, how regulated, 

c. 71, s. 11, p. xxviii. 
Provisions for public schools, power to 

make. Con. 
Punishment for disturbing schools, p. 27. 
power of teacher to inflict, p. 25-27. 

Qualifications of voters in district 
meetings, c. 62, s. 8, p. xii ; also, p. 
99-102. 
of teachers, c. 67, s 1, p. xxi. Exam- 
ination, Teachers, and Voters. 
Quorum of school com ., c. 66, s. 2, p. xviii. 
of district meeting, p. 20. 

Kate Bills, districts may fix, c. 64, s. 9, 
p. xvi. 
authorize trustees to fix, ib. 
committee ma}- fix, c. 04, s. 11, p. xvi. 
may be required in advance, ib. 



Hate Bills, how collected, c. 64, s. 13, p. 
xvi. 
trustees may fix, c. 64, s. 14, p. xvi. 
made out b}' whom, c. 65, s. 4, p. xvii. 
form of, p. 45. 

must be approved, c. 64, s. 9, p. xvi. 
warrant to collect, c. 65, s. 4, p. xvii. 
poor exempt from, c. 71, s. 1, p.xxvi. 
Reconsideration of votes, pp. 21 and 

115. 
Records of district boundaries kept by 
town clerk, c. 00, s. 9, p. x. 
of committee, p, 15. 
of districts, p. 22. 

of names of voters, c. 62, s. 9, p. xiii. 
should be read in open meeting, p. 22. 
forms for, pp. 34, and 35. 
Refusal to hold office or take engage- 
ment, peiu'ilty for, c. 71, s. 3, p. xxvii 
Register of attendance kept by teacher, 
c. 07, s. 5, p. xxi. 
should be accurate, p. 24. 
Registry Tax, how divided, c. 66, s. 16, 

p. xix. 
Regulations for school, made by com- 
mittee, c. 66, s. 10, p. xviii. 
for appeals, c. 69, s. 3, p. xxii. 
forms for schools, p. 58. 

violation by scholars, c. 66, s. 11, 
p. xix. 
Religious meetings in school-houses, 
p. 21. 
opinions of teacher, p, 8. 
Repairs made by tax, c. 61, s. 3, p. xi. . 
must be approved, c. 61, s. 3, p. xi. 
reasons for restricting, p. 7. 
Report of commissioner to general assem- 
bly, c. 58, s. 5, p. viii. 
committee to commissioner, c. 66, 
s. 22, p. XX. 
Report of trustees to committee, c. 65, 8. 
5, p. xvii. 
form for committee's, p. 52. 

trustees', p. 53. 
importance of, pp. 15 and 53. 
Rescinding vote, p. 20. 
Returns of committee to commissioner, 
c. 66, s. 22, p. XX. 
of trustees to com., c. 65, s. 5, p. xvii. 
blank forms, pp. 52, 53. 
Rules. See Regulations. 

Sale of lot by district, p. 26. 
Scholars may be suspended or expelled, 
c. 68, s. 11, p. xix. 
teacher's power to punish, p. 25. 
punished for disturbing schools, p. 27. 
poor cannot be excluded, c. 71, s. 1, 
p. xxvi. 
how supplied with school books, 
c. 65, s. 3, p. xvii. 
over fifteen not to be excluded, c. 71, 

s. l,p. xxvi. 
age of attendance regulated by com 

mittee, ib. 
truant, c. 70. 
School Books. See l^ooks. 

" Districts. See Districts 



INDEX. 



159 



School Committee, how chosen, c. 60, 
s. 4, p. ix. 
powers and duties of, c. 66, p. xviii. 
may be appointed by town council, 

Revised Statutes. 
need not be electors. Con. 
cannot delegate general powers, p. 83. 
to be engaged, c. 71, s. 2, p. xxvii. 
form of engagement, p. 31. 
hold office, how long, c. 71, 's. 5, p. 

xxvii and p. 127. 
quorum of, c. 66, s. 2, p. xviii. 
meetings of, how called, p. 80. 
regular, c. 66, s. 2, p. xviii. 
special, p. 80. 
vacancies, c. 66, s. 12, p. xix. 
certificate of election, p. i. 
form of sucli certificate, p. 31. 
to receive statement from town treas- 
urer, c. 60, s. 7, p. X. 
should send list of their number to 

commissioner, p. 5. 
to receive no compensation unless 

voted, c. 60, s. 4, p. x. 
to examine teaciiers, c. 66, s. 7, p. xix. 
may employ person to examine, ib. 
subjects of examination, pp. 7-10. 
may limit certificates, p. 8o. 
may dismiss teachers for cause, c. 67, 

s. 5, p. xxi ; also p. 104. 
may annul certificate for cause, c. 66, 

s. 7, p. xix, also pp. 105-113. 
may make rules and regulations, c. 

66, s. 10, p. xix. 
forms of do., pp. 58-68. 
may prescribe school-books, c. 66, s. 

10, p. xix. 
to lay off districts, c. 66, s. 3, p. xviii. 
to apportion district property when 

divided, c. 63, s. 14, p. xvii. 
to authorize districts to unite, c. 63, 

s. 1 and 2, p. xiii. 
may provide for scholars to attend in 

other districts, c. 66, s. 24, p. xx. 
to locate school-houses, c. 66, s. 4, p. 

xviii. 
to approve plans for school-houses, c. 

c. 6], s. 3, p. xi. 
to approve taxes, c. 61, s. 4, p. xi. 

rate bills, c. 64, s. 9, p. xvi. 
to report to town meeting, c. 66, s. 22, 

p. XX. 
may print report, ib. 
returns to commissioner, ib. 
may suspend or expel scholars, c. 66, 

s. 11, p. xix. 
to visit each school twice, c. 66, s. 8, 

p. xix. 
may employ one of their number to 

visit, c. 66, s. 9, p. xix. 
duties when towns are not districted, 

c. 66, s. 13, p. xix. 
to apportion to districts money from 

general treasury, c. 66, s. 14, 15, 

p. xix. 
to apportion money raised by towns, 

c. 66, s. 16, p. xix. 



School Committee to give notice to dis- 
tricts of apportionment, c. 66, s. 17, 

p. XX. 

may divide district's money unex- 
pended, c. 66, s. 21, p. XX. 
to draw orders for teaciiers' w ages, c. 

66, ss. 18 and 19, p. xx. 
may abate taxes in cases, c. 64, s. 6, 

p. xvi. 
when may call district meetings, c. 62, 

ss. 1 and 3, p. xii. 
when may fix place of district meet- 
ings, c. 62, s. 4, p. xii. 
when may appoint superintendent of 

sciiools, c 60, s. 5, p. x. 
chairman and clerk of, may sign pa- 
pers, c. 66, s. 1, p. xviii. 
chairman and clerk of, may be remo- 
ved, ib. 
School Fund. See Fund. 
School House, plans of, to be approved, 
c. 61, s. 3, p. xi. 
lot for, how taken, c. 66, s. 4, p. xviii. 
located by whom, ib. 
no nuisance to be kept near, c. 71, s 

10, p. xxvii. 
maj- be insured, c. 61, s. 3, p. xi. 
exempt from tax, c. 68, s. 8, p. xxii. 

attacliment, ib. 
use of for religious worship, p. 96. 
may be built by town tax, c. 60, s. 2, 

p. ix. 
may be built by district tax, c. 61, s. 

4, p. xi. 
form of vote to build, p. 36. 

contract to build, p. 37. 
trustees to have care of, p. 18. 
Schools, kept in house, approved, c. 66, 
18, p. XX. 
when set up by committee, c. 66, s. 
13, p. xix ; also, c. 61, s. 8, 9, p. xi. 
penalt3' for disturbing, p. 27. 
expulsion from, c. 66, s. 11, p. xix. 
regulations for, c. 66, s. 18, p. xx. 
attendance at to be registered, c. 67, 

s. 5, p. xxi. 
visitation of bj' committee, c. 66, s. 8, 

p. xix. 
visitation of by comtLissioner, c. 59, s. 

2, p. vii. 
visitation of trustees, c. 65, s. 2, p. 

xvii. 
superintendents of, employed by 

towns, c. 60, s. 5, p. x. 
superintendents of, employed by com- 
mittee, c. 66, s. 8, p. xix. 
superintendents of, employed by com- 
mittee, form of instructions for, 
p. 74. 
Schools, private, receiving aid from 
State, maybe visited, c. 71, s. 8, 
p. xxviii. 
Seal of district, p. 51. 
Secondary schools, c.^63, p. xiii. 
Sen.^tor may engage officers, c. 71, s. 2, 
p. xxvii. 



160 



INDEX. 



Smithfielu, regulations for schools of, p. 

58-62. 
Studies. See Books. 

Sub-committee may examine teacliers, c. 
66, s. 7, p. xix. 
cannot annul certificates, p. 84. 
cannot perform ministerial duties, p. 
91. 
Suits against a district, how answered, c. 
68, s. 7, p. xxii. 
against a district, Avhen costs are not 
to he taxed, c. 68, s. 6, p. xxii. 
Superintendent of schools, towns may 
appoint, c. 60, s. 5, p. x. 
compensation of, ih. 
regulations for, p. 74. 
Supreme Court, statement on appeal 
laid before a judge of, c. 68, s. 2, 
p. xxii. 
of, in case of Ko. 3, N. Providence, 

p. 84. 
of, in case of E. Smith, p. 110. 

Tax, to he approved by committee, c. 61, 

s. 4, p. xi. 
for what purposes levied, c. Gl, s. 3, 

p. xi; also, p. 21. 
to he levied according to the last 

town assessment, c. 64, s. 1, p. xiv. 
by whom collected, c. 61, s. 7, p. xi. 
towns may levy for school purposes, 

c. CO, s."l,2, p. ix. 
who may vote on, c 62, s. 8, p. xii. 
assessment of, made bj' trustees, c. 65, 

s. 5, p. xvii. 
when assessed by town assessors, c. 

64, s. 2, p. xiv. 

trustees to issue warrant to collect, c. 

65, s. 4. p. XV. 
form of tax bill, p. 42. 

warrant, p. 44. 
how collected, c. 64, s. 13, p. xvi. 
in joint districts, how approved, c. 64, 

s. 7, p. xvii. 
commissioner to order collection in 

cases, c. 64, s. 4, p. xv. 
how abated in cases, c. 64, s. 6, p. xvi. 
summary of laws concerning, p. 3 1-41. 
in suit against district officer, c. 68, 

s. 6, p. xxii. 
Teacheks'Money, what, and how to be 

applied, c. 59, s. 3, p. viii ; also, c. 

66, s. 18, p. XX. See Money. 
Teachers, must have certificate, c. 67, s. 

1, p-. xxi. 
how long certificate valid, c. 67, s. 2, 

p. xxi. 
qualifications of, c. 67, s. 3, p. xxi. 
may be dismissed by committee, c. 

67, s. 4, p. xxi. 

certificate may be annulled for cause, 

c. 66, s. p. xix. 
shall keep register, c. 67, s. 5, p. xxi. 
to prepare district returns, ib. 
to implant principles of virtue, c. 67, 

s. 6, p. xxi. 



Teachers, power over scholars out of 

school, p. 25. 
Tenure of office, c. 71, s. 5, p. xxvii ; also, 

p. 136. 
Text-Eooks, uniformity recommended, 

c. 58, s. 2, p. ix. 
Text-Books, supplied to poor gratuitous- 
ly, c. 65, s. 3, p. xvii. 8ce Books. 
Town Clerk, to record boundaries of 
districts, c. 60, s. 9, p. x. 
" Treasurer. See Treasurer. 
Towns must raise the whole of their share 
of $^35,000, c. 59, s. 4, p. viii. 
at what time to vote this money, ib. 
how incur forfeiture of this, c. 59, s. 

5, p. ix. 
may maintain schools without dis- 
tricts, c. 60, s. 1, p. ix. 
may provide school-houses for dis- 
trict, c. 60, s. 3, p. ix. 
to choose committee, c. 60, s. 4, p. ix. 
may direct as to division of their own 

money, c. 66, s. 16, p. xix. 
may appoint sup't of schools, c. 60, 
s. 5, p. X. 
Treasurer op District, may receive or- 
ders from committee, c. 66, s. 19, 
p. xxi. 
elected at annual meeting, c. 61, 

8. 5, p. xi. 
must be an elector. Con. 
to be engaged, c. 71, s. 2, p. xxvii. 
tenure of office, c. 71, s. 4, p. xxvii. 
form of bond, p. 42. 
to pay orders of trustees, c. 66, s. 
18, p. XX. 
Treasurer of State, to pay orders of 
commissioner, c. 59, s. 5, p. ix. 
to invest money forfeited, ib. 
Treasurer of Town, to receive money 
from State and keep account, c. 
60, s. 6, p. X. 
form of certificate to obtain it, p. 3. 
to pay it only to committee's order, 

c. 60, s. 5, p. X. 
to report to committee, c. 60, s. 7, 
p. X. 

commissioner, c. 60, s. 8, 

P-. ^• 
penalty for misappropriating mon- 
ey, c. 71, s. 6, p. xxvii. 
Truant children, laws concerning, towns 
may adopt, c. 70, s. 1, p. xxvi. 
penalties for, c. 70, s. 2, p. xxvii. 
officers to make complaint, c. 70, s. 4, 
p. xxvii. 
Trustees, one or three elected annually, 
c. 61, s. 5, p. xi. 
must be electors. Con. 
how long hold office, c. 71, s. 5, p. 

xxvii. 
powers and duties of, c. 65, p. xvii. 
to be engaged, c. 71, s. 2, p. xxvii. 
to visit schools, c. 65, s. 2, p. xvii. 
form of engagement, p. 31. 



INDEX. 



161 



Trustees, when to receive pay for ser- 
vices, c. 65, s. 6, p. xvii. 

of joint districts, how elected, and 
duties of, c. 63, s. 2, p. xiii. 

vacancies, c. 61, s. o, pp. xi, 126. 

if three, must act as a board, pp. 17, 
124. 

meetings of, how called, p. 17. 

to employ teachers only after exami- 
nation, c. 65, s. 1, p. xvii. 

form of contract with teacher, p. 32. 

neglecting to keep, school committee 
may, c. 61, s. 9, p. xi. 

to make returns to committee, c. 65, 
s. 5, p. xvii. 

ma}- require teacher to jjrepare re- 
turns, c. 67, s. 5, p. xxi. 

form of returns, p. 53. 

to have care of district property, c. 
6o, s. 1, p. xvii. 

to notify committee of beginning of 
school, c. 65, s. 2, p. xvii. 

to visit school, ih. 

may admit scholars from other dis- 
tricts, c. 66, s. 24, p. XX. 

to supply poor scholars with books, 
c. 65, s. 3, p. xvii. 

to notify district meetings, c. 62, s. 
1-6, p. xii. 

when may collect rate bills with a 
district vote, c. 64, s. 13, p. xvi. 

to make rate bills and assess taxes, 
c. &b, s. 4, p. xvii. 

to issue warrants to collector, ih. 

form of warrant, p. 44. 

when to call on town assessors to as- 
sess taxes, c. 64, s. 2, p. xv. 



Trustees, penalty for neglect of duty, c. 
71, s. 6, p. xxvii. 

Uniformity of text-books, e. 58, s. 3, p ix. 
Union of districts, when allowed and how 
secured, c. 63, p xiii. 

See Joi>it JJi.strirfs. 

Vacancies, in committee, how filled, c. 
66, s. 10, p. XX. 
district office, pp. 20, 126. 
Visits, of school committee and trustees, 
to be reported, p. 57. 
to schools, commissioner may make, 
c. 58, s. 2, p. viii. 
committee must make, c. 66, s. 8, 

p. xix. 
trustees must make, c. 65, s. 2, 

p. xvii. 
subjects of, p. 11. 
Vote of a school district, when may be 
rescinded, p. 20. 
final if not appealed from, c. 68, 

s. 5, p. xxii. 
forms of, p. 36. 
Voters, qualifications of, in district meet- 
ings, c. 62, s. 9, p. xiii. 
decisions upon, pp. 99-102. 

Warrant to collect tax, issued by trus- 
tees, c. 65, s. 4, p. xvii. 
to enforce judgment, issued by court, 
c. 68, a. d, 10, p. xxiii. 

Witnesses, inhabitants of a district may 
be, c. 68, s. 12, p. xii. 

Writs, against a district, how served, c. 
68, s. 11, p. xxiii. 



21 



6 



LIBRARY OF CONGRESS 



019 748 460 3 



